Legislature(1995 - 1996)

03/09/1995 09:40 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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  SENATE BILL NO. 39                                                           
                                                                               
            An  Act  relating  to   memorial  scholarship                      
            loans.                                                             
                                                                               
  Co-chairman Halford directed  that SB  39 be brought  before                 
  committee and referenced a draft  CSSB 39 (Fin) (9-LS0442\C)                 
  which he  advised contains  the contents  and provisions  of                 
  both SB 36  (BRINDLE SCHOLARSHIP LOANS) and SB 39.   He then                 
  called for questions  from members.  None  were forthcoming.                 
  Senator Zharoff MOVED that CSSB 39 (Fin) pass from committee                 
  with individual recommendations.   No objection having  been                 
  raised, CSSB 39  (Fin) was  REPORTED OUT  of committee  with                 
  zero fiscal notes from the Dept.  of Public Safety and Dept.                 
  of  Education  (Postsecondary).    All  members  signed  the                 
  committee report with a "do pass" recommendation.                            
                                                                               
  SENATE BILL NO. 84                                                           
                                                                               
       An Act making a special  appropriation to the principal                 
       of the permanent  fund; and providing for  an effective                 
       date.                                                                   
                                                                               
  Co-chairman Halford  next directed  attention to  SB 84  and                 
                                                                               
                                                                               
  noted two draft  Senate Finance  committee substitutes.   He                 
  explained   that   one   version   creates   a    continuing                 
  appropriation while the other leaves $250 million within the                 
  earnings reserve  account so there is no  question about the                 
  implication in any combination of interest rates with regard                 
  to the permanent fund.   The appropriation would also "count                 
  against any use by  a simple majority in  the constitutional                 
  budget reserve."   The Co-chairman then voiced  a preference                 
  for  version (9-LS0639\C,  2/23/95) instead  of (9-LS0639\G,                 
  2/28/95).                                                                    
                                                                               
  JACK FARGNOLI, Office of Management  and Budget, came before                 
  committee.  He  referenced earlier noted  concerns regarding                 
  the original  bill and  advised that  the  proposed CSSB  84                 
  (Fin) changes  only one item in  that list of  concerns.  He                 
  then voiced  his  understanding that  the  proposed  Finance                 
  committee substitute  would hold  the dividend  harmless "by                 
  leaving  $250 million in the reserve account balance."  That                 
  does not reach other concerns such as the majority or three-                 
  quarter vote on releases from  the budget reserve, potential                 
  adverse impact on the state bond rating, removal of reserves                 
  without  a plan  or provision for  a fiscal  emergency, etc.                 
  Further, by removing a large amount  of money, it preempts a                 
  good part of the mandate  of the fiscal planning commission.                 
  Use of a well articulated and  reasoned reserve policy would                 
  seem to be a key part of  any fiscal plan in both the  short                 
  and long term.                                                               
                                                                               
  (Senator Sharp arrived at this time.)                                        
                                                                               
  The  Governor's  position  on  both  the original  bill  and                 
  proposed Finance committee substitute is "somewhere  between                 
  opposition and no  position, yet."  Mr.  Fargnoli asked that                 
  the committee allow  ongoing fiscal discussions in  both the                 
  administrative  and  legislative  branch  to continue.    He                 
  stressed   that   consideration    of   repayment   of   the                 
  constitutional budget reserve, forward funding of education,                 
  etc. are linked both in policy and magnitude.  Deliberations                 
  in the conceptual stage  are not sufficiently set to  make a                 
  decision  on  any  one  item  and  particularly  not  on the                 
  appropriation proposed within SB 84.                                         
                                                                               
  Senator Rieger asked if the Office  of Management and Budget                 
  had conducted  analysis of the  size of an  earnings reserve                 
  that would be  needed to support a  five-year-average payout                 
  rule,  as  presently  in statute.    Mr.  Fargnoli responded                 
  negatively.   Senator Rieger  voiced his  understanding that                 
  the earnings reserve account is to provide a backup for such                 
  a payout.   Mr.  Fargnoli responded  by saying  that if  the                 
  question is whether  the earnings reserve balance  should be                 
  used  in some  proportion  for current  uses  and for  other                 
  provisions,  he  would  personally  agree  "that's  probably                 
  something we should  aim at."   That has, however, not  been                 
  articulated or developed.   Senator  Rieger next advised  of                 
                                                                               
                                                                               
  his understanding that  the payout  rule for calculation  of                 
  dividends is based  on a five-year  average.  It would  then                 
  seem that  in a  down year with  no moneys  in reserve,  the                 
  program  would be  unable to pay  "on a  five-year average."                 
  (The five-year average could be  higher than performance for                 
  a particular year.)  Mr.  Fargnoli acknowledged that in that                 
  situation the "exceptional limit  provision" would activate,                 
  and the dividend would be limited  to "what's in the balance                 
  of the reserve account and the current earnings."                            
                                                                               
  Senator Rieger  asked if  it makes  sense to  have a  policy                 
  establishing the amount  which should be reserved,  based on                 
  the context  of the  five-year  payout rule.   Mr.  Fargnoli                 
  reiterated  that  the administration  has  no policy  on the                 
  issue.  He voiced  his personal belief that a  policy should                 
  be developed within  the context  of other larger  questions                 
  involving use of the fund and net income.                                    
                                                                               
  Senator Zharoff voiced  his understanding  that in order  to                 
  ensure that the legislature  would not be able to  "get into                 
  the CBR  with a  50% vote,"  a balance  of  $500 million  is                 
  needed  in  the  earnings  reserve  account.   Mr.  Fargnoli                 
  concurred in that  understanding.   Leaving $500 million  in                 
  the balance might effectively  hold harmless the requirement                 
  of a three-quarter vote.                                                     
                                                                               
  Senator Randy Phillips  MOVED for adoption of CSSB  84 (Fin)                 
  version  9-LS0639\G,  2/23/95.    No objection  having  been                 
  raised, the "C" version of CSSB 84 (Fin) was ADOPTED.                        
                                                                               
  Senator Zharoff advised  of concern that  a balance of  $250                 
  million in the earnings reserve would not protect the three-                 
  quarter vote  on the  CBR.   He then  MOVED to  increase the                 
  balance to $500 million.                                                     
  Co-chairman Halford  referenced testimony from  the director                 
  of the Legislative  Finance Division that something  "in the                 
  range of  $450 million"  would be  needed.  The  Co-chairman                 
  then  advised  of his  belief that  both  that need  and the                 
  "dividend averaging argument,  based on the past  history of                 
  the fund, were  red herrings."   However, in  an attempt  to                 
  deal with  both arguments,  it appears  reasonable to  leave                 
  $250  million in the fund.   The total  amount taken out for                 
  averaging over the  past fifteen years is  "somewhere around                 
  $50 million."   That argument has thus not proven  to be the                 
  history of the fund or the dividend or inflation proofing.                   
                                                                               
  Speaking to  the constitutional budget  reserve, Co-chairman                 
  Halford said that if the remaining  $250 million is added to                 
  other  reserves,  it  would  add  $300  or  $400  million to                 
  "whatever the budget was."  In theory, reducing the earnings                 
  reserve  down to $250  million would make it  easy to "get a                 
  little bit out of the constitutional  budget reserve, but it                 
  wouldn't  be enough  to  do the  budget  balancing that  the                 
  Governor is  proposing .  . . ."   The question  would still                 
                                                                               
                                                                               
  have  to  be  reach by  a  three-quarter  vote  to meet  the                 
  Governor's  proposed   $450   or  $470   million  from   the                 
  constitutional budget reserve.                                               
                                                                               
  Senator Zharoff reiterated that he would be more comfortable                 
  if $500  million remains  in reserve.   He  then voiced  his                 
  preference for maintaining  the earnings reserve account  in                 
  tact until the fiscal planning commission has done  its work                 
  and  made recommendations.  He restated his motion to delete                 
  $250,000,000 at  page 1,  line 4,  and insert  $500,000,000.                 
  Co-chairman Halford called for a show  of hands.  The motion                 
  FAILED on a vote of 2 to 5.                                                  
                                                                               
  Senator  Donley  concurred  in  concern  that  the  proposed                 
  appropriation  would severely  limit ability  of  the fiscal                 
  planning commission to do its job.                                           
                                                                               
  Senator  Randy Phillips MOVED  for passage of  CSSB 84 (Fin)                 
  with individual  recommendations.  Senator Rieger  said that                 
  while he would not oppose movement of the bill, he wished to                 
  register  concern  that  it  would  occur  before  inflation                 
  proofing protection for  the permanent  fund has been  dealt                 
  with.    Projections  by  the  permanent   fund  corporation                 
  evidence how the earnings reserve  account "runs out at some                 
  time out in the  future," and the  principal of the fund  is                 
  short changed  because of  insufficient funds  to cover  the                 
  dividend and inflation proofing.   He said he would  be more                 
  comfortable with the  legislation if it were combined with a                 
  measure "which reprioritized  the use of the  permanent fund                 
  earnings, so that inflation proofing were first."  While the                 
  proposed   appropriation   places   additional   moneys   in                 
  principal, it could accelerate the date at which "we fail to                 
  inflation proof."   That is  the reservation.   No objection                 
  having  been  raised,  CSSB 84  (Fin)  was  REPORTED OUT  of                 
  committee.    Co-chairmen  Halford  and Frank  and  Senators                 
  Phillips  and Sharp signed  the committee report  with a "do                 
  pass" recommendation.    Senator Donley  signed  "should  be                 
  reviewed  by Financial  Planning  Commission before  further                 
  consideration."   Senator Zharoff signed  "same comments  as                 
  above" in concurrence  with Senator Donley.   Senator Rieger                 
  signed,  "Do  not pass  until  inflation-proofing has  first                 
  priority on annual earnings."                                                
                                                                               

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