Legislature(2005 - 2006)CAPITOL 106

04/21/2005 08:00 AM House STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 146 COASTAL MANAGEMENT PROGRAMS TELECONFERENCED
<Bill Hearing Canceled>
+= SB 141 PUBLIC EMPLOYEE/TEACHER RETIREMENT/BOARDS TELECONFERENCED
<Bill Hearing Canceled>
+= HB 238 PUBLIC EMPLOYEE/TEACHER RETIREMENT TELECONFERENCED
<Bill Hearing Canceled>
+= HJR 12 CONST. AM: BUDGET RESERVE FUND REPEAL TELECONFERENCED
Moved CSHJR 12(W&M) Out of Committee
+= HB 34 EXPUNGEMENT OF SET ASIDES TELECONFERENCED
Heard & Held
+= HB 86 OMBUDSMAN HOTLINE TELECONFERENCED
Moved CSHB 86(STA) Out of Committee
Bills Previously Heard/Scheduled
HJR 12-CONST. AM: BUDGET RESERVE FUND REPEAL                                                                                
                                                                                                                                
8:10:37 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON announced  that  the first  order  of business  was                                                               
HOUSE  JOINT  RESOLUTION  NO. 12,  Proposing  amendments  to  the                                                               
Constitution of  the State  of Alaska relating  to the  repeal of                                                               
the  budget  reserve  fund.   [Before  the  committee  was  CSHJR
12(W&M).]                                                                                                                       
                                                                                                                                
8:10:50 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHN  HARRIS, Alaska State  Legislature, presented                                                               
HJR  12 on  behalf of  the House  Special Committee  on Ways  and                                                               
Means, sponsor.   Before beginning his  testimony, Representative                                                               
Harris offered his condolences to  Chair Seaton who recently lost                                                               
his mother.                                                                                                                     
                                                                                                                                
REPRESENTATIVE HARRIS  stated that the proposed  resolution would                                                               
amend   the  Alaska   State  Constitution   in   regard  to   the                                                               
constitutional budget  reserve (CBR).   He said  the CBR  has two                                                               
provisions:   a  three-quarter vote  to access  the CBR;  and the                                                               
sweep provision,  which sweeps funds  that are eligible  into the                                                               
CBR,  unless there  is a  provision in  the budget  that reverses                                                               
those sweeps.  He added  that the reverse sweep motion [requires]                                                               
a three-quarter vote.                                                                                                           
                                                                                                                                
8:12:12 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HARRIS said his vision,  and that of others, is to                                                               
remove  the CBR  from the  constitution and  put it  into another                                                               
constitutionally  protected  fund,  but one  that  is  a  capital                                                               
generation fund.   The earnings  of that  fund would be  used for                                                               
capital construction  and maintenance repair of  state facilities                                                               
throughout Alaska.   Representative  Harris said some  people say                                                               
that  would  take away  the  minority's  leverage in  the  three-                                                               
quarter vote; however, he stated  that it would actually give the                                                               
minority more leverage,  ultimately.  He explained,   "The reason                                                               
I say  that is:   it also takes  away the  pot of money  that the                                                               
legislature has  ... used  over the years  to balance  the budget                                                               
...."   He indicated  that taking  away the  CBR would  allow the                                                               
state to have  a fiscal plan to operate on  like other states do.                                                               
He  said other  states have  to balance  their budgets,  and they                                                               
seldom have to dip into reserve funds.  He offered examples.                                                                    
                                                                                                                                
8:13:38 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HARRIS  said Alaska  has so many  unfunded capital                                                               
and deferred  maintenance needs  throughout the  state, including                                                               
airports,   schools,  and   roads,   and  the   state  needs   to                                                               
consistently  put money  into the  upgrades of  those facilities.                                                               
He noted  that the resolution  would create a [percent  of market                                                               
value  (POMV)] to  automatically give  inflation proofing  of the                                                               
fund.   He added,  "If you  believe that  interest rates  will be                                                               
higher than  5 percent  - determine  that 5  percent will  be the                                                               
amount."   He said  HJR 12  would require  the state  to "develop                                                               
revenue, long-range,"  rather than dipping into  the CBR whenever                                                               
the state  doesn't have  the will  to tax its  people or  use the                                                               
earnings of the permanent fund.                                                                                                 
                                                                                                                                
8:15:48 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HARRIS  said concern has been  expressed regarding                                                               
cash flow problems  and whether the state can  balance its budget                                                               
or  bring  money forward.    He  said  rather than  have  another                                                               
mechanism  set up,  there  currently exists  in  state statute  a                                                               
statutory  budget reserve.   The  proposed resolution  would take                                                               
$600  million from  the CBR,  which could  be used  by the  state                                                               
government to  "borrow from and return  back."  He said  he would                                                               
like to see bigger fences put  around the money so that it's more                                                               
difficult  for  the  legislature  to   get  at  it,  because  his                                                               
intention is  that the money  would be an  interest-bearing, cash                                                               
availability fund for the administration to use.                                                                                
                                                                                                                                
8:18:26 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER said  she is  thrilled to  see this  as a                                                               
possible first  step towards a  fiscal plan for the  state, which                                                               
is long overdue.   She asked Representative Harris if  the CBR is                                                               
currently invested in such a way  that the state is earning about                                                               
4 percent interest.                                                                                                             
                                                                                                                                
8:18:57 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HARRIS said  he doesn't  know the  exact numbers.                                                               
He  added,  "It's  invested  more  for  liquidity  than  ...  the                                                               
permanent fund  is, for  instance, because ...  it's a  cash flow                                                               
issue and you need the cash available."                                                                                         
                                                                                                                                
8:19:09 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER remarked,  "So, right  off the  top, this                                                               
plan,  in changing  the structure,  would potentially  generate a                                                               
higher interest rate  than we're getting now, so if  we just want                                                               
to talk about cold cash that's in the state, we'd be ahead."                                                                    
                                                                                                                                
REPRESENTATIVE HARRIS answered that's correct.                                                                                  
                                                                                                                                
8:19:24 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON stated his presumption  that the $600 million, which                                                               
would  be the  cash  flow  account, would  have  to  be a  liquid                                                               
investment.                                                                                                                     
                                                                                                                                
8:19:54 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ELKINS concurred  with Representative Gardner that                                                               
HJR 12  is "headed  in the  right direction,"  and he  stated his                                                               
support for the resolution.                                                                                                     
                                                                                                                                
8:20:07 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HARRIS  admitted that  the proposed  resolution is                                                               
not without  controversy, and  he reiterated  that his  intent is                                                               
not to penalize the minority.   He added that he has been working                                                               
with Representative Croft  on this issue.  He stated  that if the                                                               
public votes for  this resolution, it would put the  state in the                                                               
position of having to begin  adopting a long-range fiscal plan to                                                               
support its  services.  He  said it will  be an uphill  battle to                                                               
get  this   issue  to  the   ballot.    He  talked   about  other                                                               
controversial proposals, such  as the use of  the permanent fund.                                                               
Representative Harris mentioned  the price of oil  per barrel and                                                               
the  need  to  consider  that  a lower  price  per  barrel  would                                                               
diminish Alaska's CBR  in a matter of years.   He said the budget                                                               
will only  continue to  increase.  He  said, "We're  dependent on                                                               
one source  of revenue, and  if that  ... volume of  revenue does                                                               
not  continue  to increase,  we're  putting  ourselves in  a  bad                                                               
situation."    He emphasized  the  importance  of addressing  the                                                               
issue now.                                                                                                                      
                                                                                                                                
8:23:44 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON   stated  his  support   of  HJR  12.     He  asked                                                               
Representative  Harris  to  explain  to  the  committee  how  the                                                               
statutory budget reserve fund is used.                                                                                          
                                                                                                                                
8:24:08 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HARRIS offered  his  understanding that  although                                                               
it's an act, there is nothing currently in it at present.                                                                       
                                                                                                                                
8:24:51 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON said he would like that information.                                                                               
                                                                                                                                
8:26:05 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON,  after ascertaining that  there was no one  else to                                                               
testify, closed public testimony.                                                                                               
                                                                                                                                
The committee took an at-ease from 8:26:27 AM to 8:32:34 AM.                                                                
                                                                                                                                
8:32:55 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER  moved to  report  CSHJR  12(W&M) out  of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  notes.   There  being  no  objection, CSHJR  12(W&M)  was                                                               
reported out of the House State Affairs Standing Committee.                                                                   

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