Legislature(2023 - 2024)DAVIS 106

04/19/2023 06:00 PM House WAYS & MEANS

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 38 APPROPRIATION LIMIT; GOV BUDGET TELECONFERENCED
Moved CSHB 38(W&M) Out of Committee
+= HJR 2 CONST. AM: APPROP LIMIT TELECONFERENCED
Moved CSHJR 2(W&M) Out of Committee
             HB  38-APPROPRIATION LIMIT; GOV BUDGET                                                                         
                                                                                                                                
6:08:07 PM                                                                                                                    
                                                                                                                                
CHAIR CARPENTER announced that the  first order of business would                                                               
be  HOUSE BILL  NO.  38,  "An Act  relating  to an  appropriation                                                               
limit; relating  to the budget responsibilities  of the governor;                                                               
and providing for an effective  date."  [Before the committee was                                                               
CSHB  38(JUD),  which  was  passed out  of  the  House  Judiciary                                                               
Standing Committee on 2/27/23]                                                                                                  
                                                                                                                                
[Contains discussion of HJR 2]                                                                                                  
                                                                                                                                
6:09:15 PM                                                                                                                    
                                                                                                                                
ROB  CARPENTER, Deputy  Director,  Legislative Finance  Division,                                                               
Legislative  Affairs  Agency,  presented the  PowerPoint,  titled                                                               
"Appropriations Limits  Modeling Samples" [hard copy  included in                                                               
the committee packet].   On slide 2, he displayed  a graph, which                                                               
showed  the current  iteration of  the  fiscal model  in CSHB  38                                                               
(JUD) and CSHJR  2 (JUD).  He explained that  the graph depicts a                                                               
historical view  of how operating and  capital appropriations are                                                               
subject  to spending  limits.   The graph  depicts data  from the                                                               
fiscal year  2004 (FY 04)  to the present and  future projections                                                               
through FY  33.  He  mentioned that there are  multiple variables                                                               
affecting the models.   The baseline for each model  includes a 2                                                               
percent rate of  inflation, a budget growth of  1.5 percent based                                                               
on the  governor's ten-year  plan, and  a gross  domestic product                                                               
(GDP) of 1.5  percent.  He commented that the  committee has seen                                                               
this model before in a previous meeting.                                                                                        
                                                                                                                                
6:11:17 PM                                                                                                                    
                                                                                                                                
MR.  CARPENTER, in  response to  a  question from  Representative                                                               
Groh, replied  that the current  statutory limit is  not included                                                               
because the constitutional  limit was "for" a  fiscal year rather                                                               
than  "in" a  fiscal year,  which  would lead  to confusion  when                                                               
shown with the rest of the data.                                                                                                
                                                                                                                                
6:12:02 PM                                                                                                                    
                                                                                                                                
MR. CARPENTER moved  to slide 3 and addressed the  effects on the                                                               
model of the suggested changes  from the Senate, as these changes                                                               
would increase rates of both proposed caps.                                                                                     
                                                                                                                                
MR.  CARPENTER confirmed  Chair  Carpenter's  statement that  the                                                               
changes on slide  3 are the recent changes made  in the Senate to                                                               
its versions of the proposed  legislation.  These are not changes                                                               
made to [CSHJR 2 (JUD) and  CSHB 38(JUD)], which are currently in                                                               
front  of  the committee.    He  added  that  the models  in  the                                                               
presentation  would  be  using  the  versions  in  front  of  the                                                               
committee as the base.   The presentation would be displaying how                                                               
adjusting certain variables would change the model.                                                                             
                                                                                                                                
6:13:13 PM                                                                                                                    
                                                                                                                                
MR. CARPENTER  moved to another  adjusted model  on slide 4.   He                                                               
explained  that this  shows  both caps  increased  slightly as  a                                                               
point of reference.  He stated  that the previous models all lead                                                               
to  the data  table on  slide 5,  which shows  the dollar  values                                                               
associated with  each hypothetical  change to the  fiscal models.                                                               
He stated  that each full percent  added to or deducted  from the                                                               
spending  limit  represented  $400  million to  $500  million  in                                                               
"headroom."   In response  to Chair  Carpenter, he  answered that                                                               
"headroom" means  additional money the legislature  would be able                                                               
to spend.  He stated that if  there was a decrease to the percent                                                               
of the cap,  the headroom would also decrease by  the same dollar                                                               
amount.  In response to a  follow-up question, he stated that the                                                               
numbers shown on slide 5 represent the data behind the graphs.                                                                  
                                                                                                                                
6:14:12 PM                                                                                                                    
                                                                                                                                
MR. CARPENTER moved  to slide 6 to demonstrate  what would happen                                                               
if variables  other than the cap  rates were changed.   The graph                                                               
showed  the rates  proposed in  the current  versions of  CSHJR 2                                                               
(JUD)  and  CSHB  38(JUD);  however, he  explained  that  it  now                                                               
accounts  for a  GDP of  2.5  percent.   He stated  that in  this                                                               
scenario the state  would begin to get ahead of  budget growth in                                                               
the out years.                                                                                                                  
                                                                                                                                
CHAIR  CARPENTER requested  an  explanation of  the  bars on  the                                                               
graph representing FY  24 and FY 25.  He  questioned why the blue                                                               
bar in FY 24 is above  the blue dashed line representing the CSHB
38(JUD) cap.   He questioned whether  this would affect FY  25 as                                                               
well.                                                                                                                           
                                                                                                                                
MR. CARPENTER replied that the  FY 24 bar looks different because                                                               
it  is based  on  the  firm numbers  of  the governor's  proposed                                                               
budget; beyond  this year the  numbers are only projections.   He                                                               
noted that the line representing  CSHB 38(JUD) slices through the                                                               
capital budget  in FY  24, and  he stated  that the  provision in                                                               
CSHJR  2(JUD),  where the  spending  cap  could be  exceeded  for                                                               
capital  projects with  a two-thirds  vote, would  apply in  this                                                               
model's scenario.                                                                                                               
                                                                                                                                
CHAIR CARPENTER questioned  whether the scenario shown  for FY 24                                                               
would also  apply to FY 25,  and he questioned whether  the model                                                               
showed both capital and operational budgets for FY 25.                                                                          
                                                                                                                                
MR.  CARPENTER responded  that  the  years past  FY  24 show  the                                                               
projected  spending  in  total  without  differentiating  between                                                               
capital versus operational spending,  because the capital budgets                                                               
are  unknown at  this point.    He continued  that the  projected                                                               
total spending for upcoming years  was achieved by adding the 1.5                                                               
percent  budget  growth,  and  he posited  that  if  the  capital                                                               
spending were to  model the amount shown in FY  24, then the CSHB
38(JUD) line  would also be  piercing this  portion of the  FY 25                                                               
budget.                                                                                                                         
                                                                                                                                
CHAIR  CARPENTER  questioned  whether  the  proposed  legislation                                                               
would  allow  for  the  addition  of  a  capital  budget  to  the                                                               
projected FY 25 spending shown in the model.                                                                                    
                                                                                                                                
MR.  CARPENTER clarified  that the  projected numbers  for FY  25                                                               
would include  capital spending, as  it is a projection  of total                                                               
spending.    He expressed  the  assumption  that there  would  be                                                               
capital spending  but expressed  uncertainty of exactly  how much                                                               
of  the projected  spending would  be for  capital projects.   In                                                               
response to  a follow-up question,  he reiterated that the  FY 25                                                               
bar represents total spending and not operational spending.                                                                     
                                                                                                                                
CHAIR  CARPENTER noted  that  in FY  25 to  FY  27 the  projected                                                               
spending was  intersected by the  line which models  the proposed                                                               
cap  in CSHB  38(JUD); however,  for  the years  beyond this  the                                                               
spending  falls below  the line.   He  suggested that  this means                                                               
there  would  be  additional  spending,  and  he  questioned  the                                                               
existence of the gap.                                                                                                           
                                                                                                                                
MR. CARPENTER  explained that in the  model shown on slide  6 the                                                               
2.5 percent  GDP would eventually  cause the  appropriation limit                                                               
to exceed the budget growth  projection and provide "headroom" in                                                               
the  state's finances.   He  then  displayed a  similar model  on                                                               
slide 7, which shows projections if the GDP were at 3.5 percent.                                                                
                                                                                                                                
6:20:02 PM                                                                                                                    
                                                                                                                                
MR.  CARPENTER   pointed  out  that  one   of  Chair  Carpenter's                                                               
[upcoming] amendments is modeled on  slide 8.  This model returns                                                               
to the  1.5 percent  GDP but  changes the  CSHJR 2(JUD)  and CSHB
38(JUD) caps  to be 13  and 11  percent, respectively.   He noted                                                               
that the dotted line drops  well below the projected budgets, and                                                               
he  estimated  the  model  allows  about  $250  million  less  in                                                               
spending.  He  posited that this model puts  downward pressure on                                                               
appropriations, and  he expressed the understanding  that this is                                                               
Chair Carpenter's intention with the amendment.                                                                                 
                                                                                                                                
CHAIR  CARPENTER  highlighted  that  the  Fiscal  Policy  Working                                                               
Group's  (FPWG's) report  to create  a  bipartisan and  bicameral                                                               
plan had acknowledged the need  for reductions in state spending.                                                               
He recalled  that this  included a $100  million to  $200 million                                                               
reduction.   He  suggested that  this would  be achieved  [by the                                                               
amendment] by lowering the rates in the proposed legislation.                                                                   
                                                                                                                                
6:22:04 PM                                                                                                                    
                                                                                                                                
MR. CARPENTER reviewed the models on  slide 9 and slide 10, which                                                               
showed  scenarios where  the 11  and 13  percent caps  from Chair                                                               
Carpenter's amendment  were adopted but  the GDP was higher.   He                                                               
used  a  2.5 and  3.5  percent  GDP  to illustrate  the  multiple                                                               
possible  effects the  lower caps  could have,  depending on  the                                                               
many variables at play.                                                                                                         
                                                                                                                                
CHAIR  CARPENTER   expressed  the   opinion  that   these  models                                                               
underline that  Alaska needs to  consider inflation and  GDP when                                                               
reorganizing the  state's spending and  taxation.  He  shared his                                                               
belief that taking a disciplined  approach to solving the state's                                                               
financial  issues  over  the  next few  years  will  create  more                                                               
economic  growth and  stability,  and this  will  allow for  more                                                               
spending later.   He  suggested that  the models  support staying                                                               
under a  spending limit to  allow economic growth to  support the                                                               
state.                                                                                                                          
                                                                                                                                
6:23:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRAY, in  regard to the most  recent budget passed                                                               
by  the House  of Representatives,  questioned how  far over  the                                                               
proposed 11 percent cap would the budget go.                                                                                    
                                                                                                                                
MR.  CARPENTER replied  that the  governor's  original budget  is                                                               
used  in the  model.    In comparison,  because  of the  built-in                                                               
education  funding,  the  version  passed by  the  House  has  an                                                               
additional  amount of  about $175  million, which  he said  would                                                               
look higher than what is represented.                                                                                           
                                                                                                                                
REPRESENTATIVE GRAY asked whether  the House's budget would touch                                                               
the red line representing the CSHJR 2(JUD) cap on the model.                                                                    
                                                                                                                                
MR.  CARPENTER  posited that  it  would  not; however,  he  would                                                               
follow up with the committee on  the question.  He pointed out on                                                               
the model on  slide 8 that the  FY 24 budget is  at $5.5 billion,                                                               
and he  posited that an  additional $200 million would  not cause                                                               
the current budget to reach the 13 percent budget cap.                                                                          
                                                                                                                                
REPRESENTATIVE  GRAY  questioned  whether  it  is  the  education                                                               
funding which puts the FY 24  budget over the proposed limit.  He                                                               
referenced  the idea  that  state  spending needs  to  be cut  by                                                               
"hundreds  of  millions of  dollars"  and  asked for  a  specific                                                               
figure of  how much over  the spending cap the  education funding                                                               
would be.                                                                                                                       
                                                                                                                                
MR. CARPENTER restated  that he does not have  the data available                                                               
yet   for  the   amendment  which   would  change   the  proposed                                                               
legislation's spending cap to 11  percent.  He estimated from the                                                               
model that the limit  with the 11 percent cap for  FY 24 would be                                                               
$5.5 billion.  He expressed the  belief that the addition of $175                                                               
million for education would not  put the budget over the proposed                                                               
spending cap.   He mentioned  Chair Carpenter's point  that there                                                               
was the capability to go beyond  the capital spending caps by way                                                               
of a two-thirds vote.                                                                                                           
                                                                                                                                
REPRESENTATIVE GRAY  posited that the  red line in the  model may                                                               
take years  to reach, but  the blue  line was easily  eclipsed by                                                               
the projected budgets.                                                                                                          
                                                                                                                                
6:26:47 PM                                                                                                                    
                                                                                                                                
CHAIR  CARPENTER answered  that  the red  line  could be  reached                                                               
through more revenue rather than more time.                                                                                     
                                                                                                                                
REPRESENTATIVE GRAY  shared his  understanding that the  red line                                                               
represents a  spending cap  and, regardless  of how  much revenue                                                               
there is,  any funds  above the  cap would  be invested  into the                                                               
Permanent  Fund.   He referred  to a  previous meeting  regarding                                                               
changing the  percent of  market value  (POMV) draws  to increase                                                               
spending  amounts.   He questioned  the reasoning  behind finding                                                               
ways  to increase  revenue while  also adding  a spending  cap to                                                               
direct  extra revenue  into  the Permanent  Fund,  when doing  so                                                               
would require cutting the budget.                                                                                               
                                                                                                                                
CHAIR CARPENTER asked  Representative Gray to reword  his line of                                                               
questioning for clarity.                                                                                                        
                                                                                                                                
REPRESENTATIVE GRAY  expressed the understanding that  there is a                                                               
revenue  cap  and  a  spending  cap,  and  since  the  blue  line                                                               
represents a spending  cap it would not change  regardless of how                                                               
much revenue the state had.                                                                                                     
                                                                                                                                
CHAIR CARPENTER  replied that he  had misunderstood  the original                                                               
question  and thought  Representative Gray  was referring  to the                                                               
blue bar rather than the blue line.                                                                                             
                                                                                                                                
6:29:15 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
6:29:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCABE  moved  to   adopt  Amendment  1  to  CSHB
38(JUD),  labeled  33-LS0295\B.2,  Wallace/Marx,  4/13/23,  which                                                               
read as follows:                                                                                                                
                                                                                                                                
     Page 2, lines 4 - 5:                                                                                                       
          Delete "federal bureau responsible for economic                                                                   
     analysis according to federal"                                                                                         
          Insert "state government as prescribed by"                                                                        
                                                                                                                                
     Page 3, lines 9 - 10:                                                                                                      
          Delete "federal bureau responsible for economic                                                                       
     analysis according to federal"                                                                                             
          Insert "state government as prescribed by"                                                                            
                                                                                                                                
REPRESENTATIVE GRAY objected.                                                                                                   
                                                                                                                                
6:29:49 PM                                                                                                                    
                                                                                                                                
CHAIR CARPENTER  explained that the amendment  removes references                                                               
to  the  federal  agency  which reports  GDP  numbers,  and  this                                                               
reference would  be changed  to the  state agency  instead.    He                                                               
mentioned that this change was  in keeping with changes the House                                                               
Judiciary  Standing  Committee  made  to CSHJR  2(JUD),  and  the                                                               
amendment would give both bills the same language.                                                                              
                                                                                                                                
REPRESENTATIVE  GRAY  removed  his   objection.  There  being  no                                                               
further objection, Amendment 1 was adopted.                                                                                     
                                                                                                                                
6:31:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCABE  moved  to  adopt  Amendment  2,  to  CSHB
38(JUD), as amended, labeled  33-LS0295\B.3, Marx, 4/18/23, which                                                               
read as follows:                                                                                                                
                                                                                                                                
     Page 2, line 3:                                                                                                            
          Delete "11.5"                                                                                                     
          Insert "11"                                                                                                       
                                                                                                                                
REPRESENTATIVE GRAY objected.                                                                                                   
                                                                                                                                
6:31:53 PM                                                                                                                    
                                                                                                                                
CHAIR  CARPENTER explained  that the  amendment would  change the                                                               
spending limit  percentage in the proposed  legislation from 11.5                                                               
to 11 percent.                                                                                                                  
                                                                                                                                
6:32:08 PM                                                                                                                    
                                                                                                                                
CHAIR CARPENTER,  in response to  a question  from Representative                                                               
Gray, stated that in putting  forward the committee's fiscal plan                                                               
which addresses the  four components from the  FPWG's report, one                                                               
component   has  yet   to   be  addressed,   and   this  is   the                                                               
recommendation  for   lowering  spending.    He   explained  that                                                               
lowering the  percentage to  11 percent would  force the  idea in                                                               
front  of the  legislature of  reducing spending  by hundreds  of                                                               
millions of  dollars.  He  expressed the intention  of preserving                                                               
the integrity of the FPWG's report.                                                                                             
                                                                                                                                
REPRESENTATIVE GRAY referred to  discussions in previous meetings                                                               
about  changing the  POMV cap,  implementing  various taxes,  and                                                               
other ways to  increase state revenue.  He posited  that having a                                                               
spending cap  would disincentivize building new  revenue in favor                                                               
of making hundreds of millions of  dollars in budget cuts to meet                                                               
the spending  restriction.   He questioned  how a  spending limit                                                               
would fit into the proposed revenue-growing measures.                                                                           
                                                                                                                                
CHAIR CARPENTER  replied that  the budget the  House sent  to the                                                               
Senate included a deficit of $500  billion.  He inferred that the                                                               
solution  to  this would  either  be  to  draw from  the  state's                                                               
savings  or  have  a  conversation  about  reducing  the  current                                                               
budget.   He advised that the  fiscal-plan conversation surrounds                                                               
the current budget,  but it also needs to look  to budgets in the                                                               
future years to increase the  plans smoothness and stability.  He                                                               
stated that  choosing between reducing spending  or spending from                                                               
savings has  been the focus  of the fiscal conversation  for this                                                               
year;  therefore,  the  conversation for  future  budgets  should                                                               
include how much the state will  spend in the future, compared to                                                               
what is being spent now.                                                                                                        
                                                                                                                                
REPRESENTATIVE GRAY  shared his  understanding that  the proposed                                                               
legislation  would be  focused on  Alaska's fiscal  future rather                                                               
than the present.   He said that he only  used the current fiscal                                                               
year as a concrete example.  He  added that if the state ended up                                                               
with  a high  GDP in  the next  fiscal year,  the spending  limit                                                               
would also be very high, and  he asked how the government can get                                                               
GDP to rise.                                                                                                                    
                                                                                                                                
CHAIR  CARPENTER, responding,  expressed the  opinion that  it is                                                               
not  the government's  function to  raise GDP,  and he  suggested                                                               
that  GDP will  rise [over  time] instantly  with the  new fiscal                                                               
plan.                                                                                                                           
                                                                                                                                
REPRESENTATIVE  GRAY expressed  concern over  tying the  proposed                                                               
spending  limit  to GDP.    He  suggested  that this  would  mean                                                               
Alaska's  fiscal  future would  be  controlled  by something  the                                                               
state  has little  influence  over.   He  expressed concern  that                                                               
creating a financial dependence on  a variable with no government                                                               
control  would cause  a  disconnect [between  the  state and  its                                                               
income].                                                                                                                        
                                                                                                                                
6:37:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WILL STAPP,  Alaska State  Legislature, as  prime                                                               
sponsor,  reminded  the committee  that  CSHB  38(JUD) and  CSHJR
2(JUD)  include conditional  language, and  one cannot  be passed                                                               
without the other.   In regard to the current  spending limit, he                                                               
said  that the  budget was  passed unfunded  and would  require a                                                               
vote to  draw from the  constitutional budget reserve  (CBR), and                                                               
he suggested  that because  of voting  thresholds it  would pass.                                                               
Addressing  the  question  about  POMV,  as  it  relates  to  oil                                                               
revenue, he reiterated that, depending  on returns and accounting                                                               
for inflation,  the POMV draw  changes year  to year.   He shared                                                               
that the Permanent Fund is projecting  a 7 percent return for the                                                               
next  fiscal year;  however, he  expressed the  opinion that  the                                                               
actual  return will  be considerably  lower.   He added  that the                                                               
state's  other  existing  source  of  revenue  is  based  on  the                                                               
[fluctuating] price of oil, so actual  returns may not be as high                                                               
as projected.                                                                                                                   
                                                                                                                                
6:39:43 PM                                                                                                                    
                                                                                                                                
BERNARD  AOTO, Staff,  Representative  Will  Stapp, Alaska  State                                                               
Legislature, on  behalf of  Representative Stapp,  prime sponsor,                                                             
spoke to the  proposed legislation.  He added that  in a scenario                                                               
where revenue  is above the  proposed cap, the  legislature would                                                               
have to decide how to appropriate the extra funds.                                                                              
                                                                                                                                
REPRESENTATIVE STAPP, speaking  to Representative Gray's question                                                               
concerning raising GDP, expressed  the belief that the government                                                               
could  play  a role  in  raising  GDP  by making  strong  capital                                                               
investments.    He used  the  proposed  Bradley Lake  Project  to                                                               
exemplify  how this  would work,  in  that reducing  the cost  of                                                               
energy for  residents of the  Interior would allow more  money to                                                               
be put into the local economy, and this would drive up GDP.                                                                     
                                                                                                                                
6:41:01 PM                                                                                                                    
                                                                                                                                
CHAIR CARPENTER  emphasized that  the proposed  legislation would                                                               
not take effect until FY 26.                                                                                                    
                                                                                                                                
MR. AOTO confirmed  that the legislation would go  into effect in                                                               
2026, if it passed a public vote.                                                                                               
                                                                                                                                
6:41:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCABE  stated that  the  POMV  draw was  not  an                                                               
effective  total spending  cap  because  permanent fund  dividend                                                               
(PFD) earnings were  not the state's only source of  revenue.  He                                                               
suggested that, if  oil prices continue to be high  and the state                                                               
generates  a mass  amount of  revenue, the  legislature would  be                                                               
inclined  to  overspend;  therefore,  he argued  that  a  cap  on                                                               
spending is "absolutely" necessary.                                                                                             
                                                                                                                                
6:42:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE STAPP  referred to the  POMV cap as a  revenue cap                                                               
and not  a spending  cap, and he  expressed agreement  that other                                                               
types of revenue would not be subject to the POMV cap.                                                                          
                                                                                                                                
6:43:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GROH  expressed support  for spending limits.   He                                                               
questioned how the amendments to  CSHB 38(JUD) would affect these                                                               
limits.   He questioned  the amount the  current budget  would be                                                               
over the spending limit [with the proposed amendments].                                                                         
                                                                                                                                
CHAIR CARPENTER reiterated that the  exact data is not available,                                                               
and relayed  Mr. Carpenter's  suggestion that  it would  be about                                                               
$100 million more.                                                                                                              
                                                                                                                                
REPRESENTATIVE GROH posited that  with Chair Carpenter's proposed                                                               
increase of  half a point, the  current budget would be  over the                                                               
cap by about $250 million.                                                                                                      
                                                                                                                                
CHAIR CARPENTER  stated that the  proposed caps would  not affect                                                               
this year's budget, and the conversation is about FY 26.                                                                        
                                                                                                                                
6:44:48 PM                                                                                                                    
                                                                                                                                
MR  AOTO  reminded the  committee  that  the projections  in  the                                                               
presentation use  the governor's unamended budget.   He explained                                                               
that between  the $500  million reduction the  House made  to the                                                               
budget and the $500 million  remaining deficit, the amount zeroes                                                               
out and the budget becomes  below the spending cap projections in                                                               
the graph.                                                                                                                      
                                                                                                                                
6:45:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRAY maintained his objection.                                                                                   
                                                                                                                                
A  roll call  vote was  taken.   Representatives McCabe,  Tilton,                                                               
McKay, and Carpenter  voted in favor of Amendment 2  to HB 38, as                                                               
amended.    Representatives  Gray  and  Groh  voted  against  it.                                                               
Therefore, Amendment 2 was adopted by a vote of 4-2.                                                                            
                                                                                                                                
6:47:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCABE  thanked Representative Stapp for  his work                                                               
on the proposed legislation.                                                                                                    
                                                                                                                                
6:47:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GROH questioned  the  structure  of the  proposed                                                               
legislation,  which limits  spending in  some areas  over others.                                                               
He  referred to  previous comments  about the  risk of  increased                                                               
spending  caused by  windfalls such  as high  oil prices,  and he                                                               
questioned which categories of spending  increased the fastest in                                                               
previous high-revenue years.                                                                                                    
                                                                                                                                
REPRESENTATIVE STAPP  responded that  in past  high-revenue years                                                               
there  had  been  higher  operating   budgets,  but  the  biggest                                                               
increases happened  in capital spending.   He added that  not all                                                               
capital spending would have the same return on investment.                                                                      
                                                                                                                                
REPRESENTATIVE GROH noted that capital  spending has been treated                                                               
more favorably,  even though it  accounts for the  largest spikes                                                               
in spending.                                                                                                                    
                                                                                                                                
REPRESENTATIVE STAPP opined  that having a cap which  is based on                                                               
economic  performance would  incentivize  the  legislature to  be                                                               
more  thoughtful  about which  capital  projects  it funds.    He                                                               
agreed with  Representative Groh's  point that spikes  in capital                                                               
spending  have been  an issue  in  past high-revenue  years.   He                                                               
stated  that CSHB  38(JUD) and  the corresponding  constitutional                                                               
amendment  in  CSHJR 2(JUD)  would  force  "correct behavior"  in                                                               
capital spending.                                                                                                               
                                                                                                                                
REPRESENTATIVE GROH sought to confirm that PFDs were exempt.                                                                    
                                                                                                                                
REPRESENTATIVE  STAPP   replied  that  Representative   Groh  was                                                               
correct.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  GROH questioned  whether PFD's  have also  been a                                                               
category  of spending  which have  spiked in  the past  since the                                                               
"delinking" in 2016.                                                                                                            
                                                                                                                                
REPRESENTATIVE  STAPP responded  that the  answer depends  on how                                                               
one defines "go up" in regard  to "PFD spending."  He stated that                                                               
the dollar  amount had  increased, but  the percent  according to                                                               
the statuary formula has not.                                                                                                   
                                                                                                                                
REPRESENTATIVE  GROH  spoke on  the  governor's  ability to  veto                                                               
appropriations  and  posited  that   this  veto  right  could  be                                                               
considered another form of a spending cap which already exists.                                                                 
                                                                                                                                
REPRESENTATIVE STAPP  argued that structuring the  state's fiscal                                                               
plan on  the expectation that the  governor will use the  veto to                                                               
"spending  down"   would  be  a  "violation   of  your  fiduciary                                                               
responsibility as a member of an elected body."                                                                                 
                                                                                                                                
6:53:01 PM                                                                                                                    
                                                                                                                                
CHAIR CARPENTER posited  that this topic of  conversation was not                                                               
related directly to the proposed legislation.                                                                                   
                                                                                                                                
REPRESENTATIVE  GROH  replied  that Chair  Carpenter  has  spoken                                                               
about looking at  a broader picture of the  state's fiscal future                                                               
and shared  his belief  that the structure  of powers  within the                                                               
state is a part of this bigger picture.                                                                                         
                                                                                                                                
6:53:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCABE referred  to Article 9, Section  16, of the                                                               
Constitution  of the  State of  Alaska, which  relates that  one-                                                               
third of  the state  budget should  go towards  capital projects.                                                               
He   suggested  that   the   projections   in  the   presentation                                                               
demonstrate  that the  state has  never done  this, and  he asked                                                               
whether  the proposed  legislation would  help promote  following                                                               
the constitution.                                                                                                               
                                                                                                                                
REPRESENTATIVE STAPP opined  that the mindset of  the framer's of                                                               
the constitution was  to ensure part of the revenue  of the state                                                               
goes to  the needs  of future  Alaskans [with  capital projects],                                                               
and he stated that the intent  of CSHB 38(JUD) was to follow this                                                               
mindset.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  MCCABE   added  that   the  state  is   facing  a                                                               
multibillion-dollar  deficit   in  infrastructure   failures  and                                                               
projects,  and it  needs to  find a  way forward  through capital                                                               
projects.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  STAPP explained  that tying  the spending  cap to                                                               
economic performance  would encourage capital spending,  and this                                                               
would benefit all Alaskans in the  long term.  He illustrated the                                                               
point by  asking the  committee to  envision the  economic growth                                                               
which could have  been accomplished if the state had  built a dam                                                               
on the  Susitna River  in the  90s, as  this would  have provided                                                               
more Alaskans with cheaper electricity.                                                                                         
                                                                                                                                
CHAIR CARPENTER  expressed agreement with  Representative Stapp's                                                               
sentiment that the state needs more economic growth.                                                                            
                                                                                                                                
6:56:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCABE  moved to report CSHB  38(JUD), as amended,                                                               
out  of   committee  with  individual  recommendations   and  the                                                               
accompanying fiscal notes.                                                                                                      
                                                                                                                                
REPRESENTATIVE GROH objected  for the purpose of  discussion.  He                                                               
pointed  out that  the  committee  is looking  at  a full  fiscal                                                               
package; however, the committee is  passing this bill out without                                                               
the other  aspects of the package,  and he suggested it  would be                                                               
beneficial to speak about the plan as a whole.                                                                                  
                                                                                                                                
6:57:56 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
6:58:10 PM                                                                                                                    
                                                                                                                                
CHAIR CARPENTER  said that  he is committed  to sending  out five                                                               
pieces  of legislation  which comprise  the fiscal  plan for  the                                                               
state.   He reported  that the  legislation before  the committee                                                               
today, CSHB  38(JUD) and  CSHJR 2(JUD),  would be  accompanied by                                                               
HJR  7, HB  109, and  HB 110,  of which  all will  be before  the                                                               
committee in the coming week.                                                                                                   
                                                                                                                                
REPRESENTATIVE  GROH  removed  his  objection.   There  being  no                                                               
further objection,  CSHB 38(W&M)  was reported  out of  the House                                                               
Special Committee on Ways and Means.                                                                                            
                                                                                                                                
6:59:56 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 6:59 p.m. to 7:02 p.m.                                                                       
                                                                                                                                
                 HJR  2-CONST. AM: APPROP LIMIT                                                                             
                                                                                                                                
[Contains discussion of HB 38]                                                                                                  
                                                                                                                                
7:02:43 PM                                                                                                                    
                                                                                                                                
CHAIR CARPENTER announced  that the last order  of business would                                                               
be  HOUSE JOINT  RESOLUTION NO.  2, Proposing  amendments to  the                                                               
Constitution of the State of  Alaska relating to an appropriation                                                               
limit.   [Before  the  committee  was CSHJR  2  (JUD), which  was                                                               
passed  out   of  the  House  Judiciary   Standing  Committee  on                                                               
2/27/23.]                                                                                                                       
                                                                                                                                
7:03:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCABE  moved  to  adopt  Amendment  1  to  CSHJR
2(JUD),  labeled  33-LS0294\B.1,  Marx, 4/18/23,  which  read  as                                                               
follows:                                                                                                                        
                                                                                                                                
     Page 2, line 3:                                                                                                            
          Delete "fourteen"                                                                                                 
          Insert "thirteen"                                                                                                 
                                                                                                                                
     Page 2, line 7:                                                                                                            
          Delete "fourteen"                                                                                                 
          Insert "thirteen"                                                                                                 
                                                                                                                                
REPRESENTATIVE GRAY objected.                                                                                                   
                                                                                                                                
7:03:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRAY  noticed   that  there  was  a   half  of  a                                                               
percentage  change in  [the recently  adopted amendment  to] CSHB
38(JUD),  while  the change  to  CSHJR  2(JUD)  would be  a  full                                                               
percent.  He questioned this reasoning.                                                                                         
                                                                                                                                
CHAIR CARPENTER replied that the  amendment mirrors a change made                                                               
in  the other  direction by  the other  body.   In response  to a                                                               
follow-up question, he stated that  the other body had raised the                                                               
cap by one percent.                                                                                                             
                                                                                                                                
REPRESENTATIVE  GRAY  asked  whether  there  was  another  reason                                                               
besides  mirroring the  Senate for  lowering  the cap  by a  full                                                               
percent versus a half percent.                                                                                                  
                                                                                                                                
CHAIR CARPENTER  responded that lowering  the cap a  full percent                                                               
would maintain the  integrity of the model.  He  posited that the                                                               
cap could  have dropped one  and a half percent  without breaking                                                               
the upper limit, but it was decided to maintain the one percent.                                                                
                                                                                                                                
REPRESENTATIVE GRAY  pointed out  Mr. Aoto statement  [during the                                                               
committee's  discussion on  CSHB 38(JUD)]  which related  that if                                                               
there is extra  revenue, the legislature would be  able to decide                                                               
what  to do  with it.   He  asked Mr.  Aoto to  explain what  the                                                               
legislature  could and  could  not do  with  this extra  revenue,                                                               
while not violating the constitutional spending limit.                                                                          
                                                                                                                                
7:05:41 PM                                                                                                                    
                                                                                                                                
BERNARD  AOTO, Staff,  Representative  Will  Stapp, Alaska  State                                                               
Legislature, on  behalf of  Representative Stapp,  prime sponsor,                                                             
answered  questions on  the proposed  legislation.   He explained                                                               
that exemptions on the spending  cap were presented at an earlier                                                               
meeting, and  it would be up  to the legislature to  decide which                                                               
of these exceptions to direct extra revenue toward.                                                                             
                                                                                                                                
7:06:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE STAPP  listed several  of the exemptions  that the                                                               
legislature could  spend the extra  revenue on,  including larger                                                               
PFDs  and  paying back  into  the  constitutional budget  reserve                                                               
(CBR).                                                                                                                          
                                                                                                                                
REPRESENTATIVE GRAY asked  whether the state could  use the extra                                                               
revenue to  [pay for services],  and he used increasing  the base                                                               
student allocation (BSA) as an example.                                                                                         
                                                                                                                                
REPRESENTATIVE  STAPP   posited  that  if  the   budget  hit  the                                                               
constitutional   spending  limit,   it  would   probably  already                                                               
incorporate a  very large BSA.   He  continued that, in  the case                                                               
the budget  did reach the  constitutional limit,  the legislature                                                               
would not be  able to add any additional  operating spending with                                                               
the extra revenue.                                                                                                              
                                                                                                                                
7:07:32 PM                                                                                                                    
                                                                                                                                
MR.  AOTO  explained  that  there   was  also  an  exception  for                                                               
emergency declarations from the governor.                                                                                       
                                                                                                                                
7:07:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCABE asked  whether the  extra revenue  in this                                                               
situation could be given directly to the teachers instead.                                                                      
                                                                                                                                
REPRESENTATIVE  STAPP  responded that  there  are  many ways  the                                                               
education system  can be  restructured, but this  would be  up to                                                               
the legislature to determine.                                                                                                   
                                                                                                                                
7:08:40 PM                                                                                                                    
                                                                                                                                
CHAIR CARPENTER expressed the understanding  that in other states                                                               
there is always an effort to work around spending limits.                                                                       
                                                                                                                                
7:09:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRAY expressed  the belief  that the  legislature                                                               
has a  history of making  responsible fiscal choices  with excess                                                               
funds.  He  expressed concern that, with the  spending cap, there                                                               
is still the assumption the  state will choose to overspend, even                                                               
with multiple examples of the state  choosing to save or pay down                                                               
debt.  He  opined that given the state's history  of saving, even                                                               
when it  was not necessary,  perhaps the constitutional  limit is                                                               
not necessary, especially given how hard it would be to reach.                                                                  
                                                                                                                                
7:09:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCKAY recalled  that  many of  the deposits  into                                                               
savings were from oil tax settlements.   He stated that the money                                                               
from those  settlements was required to  go into CBR.   He opined                                                               
that the days of savings from oil settlements are gone.                                                                         
                                                                                                                                
7:10:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GROH  commented   that  Representative  Gray  was                                                               
correct that  any financial  "windfalls" for  the state  could be                                                               
used for savings,  including all extra income  from the Permanent                                                               
Fund.                                                                                                                           
                                                                                                                                
7:11:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCABE expressed agreement  that there is language                                                               
in statute allowing  the legislature to inflation  proof the fund                                                               
with revenues from the Permanent Fund,  but he noted that CBR has                                                               
been used  for other purposes  in the  past, such as  paying down                                                               
the  Public   Employees  Retirement   System  and   the  Teachers                                                               
Retirement System.   He stated that the state owes  CBR "a ton of                                                               
money"  and   argued  that  this   proves  the  state   has  been                                                               
overspending  rather than  underspending  in the  past 10  years,                                                               
contradicting other claims made.                                                                                                
                                                                                                                                
7:12:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRAY maintained his objection.                                                                                   
                                                                                                                                
7:13:23 PM                                                                                                                    
                                                                                                                                
A  roll call  vote  was taken.    Representatives McKay,  McCabe,                                                               
Tilton,  and Carpenter  voted in  favor of  Amendment 1  to CSHJR
2(JUD).    Representatives  Gray   and  Groh  voted  against  it.                                                               
Therefore, Amendment 1 was adopted by a vote of 4-2.                                                                            
                                                                                                                                
7:13:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCABE  moved to report CSHJR  2(JUD), as amended,                                                               
out  of   committee  with  individual  recommendations   and  the                                                               
accompanying zero fiscal notes.   There being no objection, CSHJR
2(W&M) was  reported out of  the House Special Committee  on Ways                                                               
and Means.                                                                                                                      
                                                                                                                                
7:14:19 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 7:14 p.m. to 7:16 p.m.                                                                       

Document Name Date/Time Subjects
HB 38 - Amendment 1 (B.2).pdf HW&M 4/19/2023 6:00:00 PM
HB 38
HB 38 - Amendment 2 (B.3).pdf HW&M 4/19/2023 6:00:00 PM
HB 38
HJR 2 - Amendment 1 (B.1).pdf HW&M 4/19/2023 6:00:00 PM
HJR 2
H WM_Approp Limits_4-19-23 - Leg Finance Division.pdf HW&M 4/19/2023 6:00:00 PM