Legislature(1999 - 2000)

03/22/2000 09:06 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
SENATE JOINT RESOLUTION NO. 33                                                                                                  
Proposing amendments to the Constitution of the State                                                                           
of Alaska relating to the permanent fund and to                                                                                 
payments to certain state residents from the permanent                                                                          
fund.                                                                                                                           
                                                                                                                                
                                                                                                                                
SENATOR JERRY MACKIE told of how he wanted to generate                                                                          
public discussion on his proposed plan prior to the                                                                             
resolution being heard in any committee. He stated there was                                                                    
a huge response that represented both pro and con                                                                               
viewpoints. He continued that he was appreciative of those                                                                      
who supported the plan. Of those who opposed the plan, he                                                                       
said he wanted to find out why to determine how the concerns                                                                    
might be addressed.                                                                                                             
                                                                                                                                
Senator Mackie then began to describe the elements of the                                                                       
resolution, referring to a handout entitled, Mackie Plan                                                                        
Assumptions. [Copy on file.]                                                                                                    
                                                                                                                                
Senator Mackie stated the resolution is a constitutional                                                                        
amendment that would require voter approval. If approved, he                                                                    
said the plan would provide a one-time final dividend                                                                           
payment of $25,000 from the permanent fund for each Alaskan                                                                     
who is eligible for the dividend as of January 2001. He                                                                         
qualified that no new people would move to the state to take                                                                    
advantage of the payout because the one-year residency                                                                          
requirement has already begun.                                                                                                  
                                                                                                                                
Senator Mackie noted the plan requires no new statutes or                                                                       
changes to statutes.                                                                                                            
                                                                                                                                
Senator Mackie shared that after the $25,000 dividends were                                                                     
paid out, which he estimated to total approximately $14                                                                         
billion, the dividend program would end and there would be a                                                                    
balance of $12 - $13 billion in the permanent fund. He said                                                                     
the Permanent Fund Corporation estimates that 592,000 people                                                                    
would be eligible to collect a dividend in the year 2002. He                                                                    
added that the fund would continue to be managed by the                                                                         
Permanent Fund Corporation, the principal would be                                                                              
constitutionally protected against spending without voter                                                                       
approval and that only the earnings would be available for                                                                      
government spending.                                                                                                            
                                                                                                                                
Senator Mackie pointed out that the plan also calls for                                                                         
inflation proofing the fund and stated that most people                                                                         
agree that inflation proofing the fund was the responsible                                                                      
thing to do.                                                                                                                    
                                                                                                                                
Senator Mackie relayed that the Corporation gave an estimate                                                                    
of the annual earnings off of the $12 billion balance using                                                                     
rates of return of eight, ten and twelve percent. He                                                                            
qualified that the Corporation issued a disclaimer stating                                                                      
their prediction was an eight-percent rate of return.                                                                           
However, he said their projections were always conservative                                                                     
and he noted that the fund has never earned below ten                                                                           
percent. Therefore, he believed ten percent was the most                                                                        
reasonable assessment of future earnings. He referred to the                                                                    
chart in the handout that showed that once the fund was                                                                         
inflation-proofed earnings of ten percent would be $884                                                                         
million in the first year of the plan. In the year 2003, he                                                                     
said the fund would earn $923 million. He continued with                                                                        
predicted earnings of $962 million and $1.4 billion in the                                                                      
next two years with the amount continuing to grow. He said                                                                      
the reason the earnings continue to increase was because the                                                                    
plan does not change the current constitutional requirement                                                                     
that 25 percent of oil revenues go to the corpus of the                                                                         
permanent fund.                                                                                                                 
                                                                                                                                
Senator Mackie's prediction was that after the payout, this                                                                     
plan balances the budget with no additional taxes required.                                                                     
He indicated his opposition to taxes.                                                                                           
                                                                                                                                
Senator Mackie admitted there would be a significant impact                                                                     
on dividend recipients' individual income taxes. He relayed                                                                     
that the Alaska Society of Public Accountants has                                                                               
volunteered to do a complete analysis on the tax                                                                                
consequences for all tax brackets. He thought the members'                                                                      
would be surprised to learn that individuals would actually                                                                     
have more money after they received the one-time large                                                                          
dividend, paid the tax, invested the remaining funds and                                                                        
received an annual dividend from their personal investment.                                                                     
                                                                                                                                
Senator Mackie noted that the average Alaskan was in the 28                                                                     
percent tax bracket. He said an individual would have to                                                                        
earn over $250,000 per year in order to reach the 39 percent                                                                    
tax bracket. He added that he was continuing to work on                                                                         
determining how Individual Retirement Accounts (IRAs),                                                                          
educational trusts and other investments could avoid some of                                                                    
the tax burden.                                                                                                                 
                                                                                                                                
Senator Mackie voiced another question raised was the affect                                                                    
the payout would have on the eligibility of recipients of                                                                       
such public assistance programs as welfare, Medicare, and                                                                       
low income housing programs.  He talked to Margaret Pugh,                                                                       
Commissioner, Department of Health and Social Services and                                                                      
was told that this could be the best public assistance                                                                          
program ever to get people off welfare and to become self-                                                                      
supporting. Senator Mackie avowed that the reason people are                                                                    
poor was because they didn't have any money. He predicted                                                                       
that giving this money would help people. He also                                                                               
anticipated that the state would save money with the                                                                            
reduction of public assistance.                                                                                                 
                                                                                                                                
Senator Mackie explained how current statutes does not                                                                          
calculate permanent fund dividends as income for eligibility                                                                    
for the Alaska Temporary Assistance Program Denali KidCare,                                                                     
Adult Public Assistance, or the Longevity Bonus Program. He                                                                     
also learned that permanent fund dividend income was not                                                                        
included in the eligibility requirements for most Medicaid                                                                      
benefits. However, he noted that the dividend would be                                                                          
considered as income for those recipients of two programs,                                                                      
food stamps and supplemental social security insurance.                                                                         
                                                                                                                                
Senator Mackie spoke to low income housing programs saying                                                                      
that while current participants would not be affected                                                                           
because federal guidelines allow for a one-time receipt of                                                                      
cash, any new applicants would be affected. He added that                                                                       
daycare assistance, the USDA child and adult care food                                                                          
program, school meals eligibility, and Headstart would not                                                                      
be adversely affected by the large payouts to eligible                                                                          
Alaskans.                                                                                                                       
                                                                                                                                
Senator Mackie next addressed child support saying that                                                                         
Commissioner Perdue said the reason many people were on                                                                         
welfare was because of back child support owed to custodial                                                                     
parents. He told about the large amount of money that a                                                                         
single parent household would receive after the parent and                                                                      
children's' dividends were collected and after the deadbeat                                                                     
parent's dividend was garnished. He suggested that the money                                                                    
could provide for the children's education, provide job                                                                         
training or fund a small business to allow the family to get                                                                    
off public assistance. He quoted the Department of Health                                                                       
and Social Services "It's not fair to assume these folks                                                                        
want to stay on welfare. Any opportunity they have to get                                                                       
off - they're gone." He stressed that this plan would                                                                           
provide a tremendous opportunity for people who are                                                                             
dependent upon the government for basic support.                                                                                
                                                                                                                                
Senator Mackie shared there were currently 11,000 cases of                                                                      
overdue child support payments in the state, where dividends                                                                    
are garnished to help make those payments. He estimated that                                                                    
garnishing a $25,000 dividend from deadbeat parents, who are                                                                    
Alaskan residents would collect $103 million for those                                                                          
children. He continued that 7,500 of those cases would be                                                                       
closed because the amount due was equal to or less than the                                                                     
amount of the large payout. The balances due on the cases                                                                       
would be reduced greatly, he stressed.                                                                                          
                                                                                                                                
Senator Mackie next addressed the 10,100 defaulted student                                                                      
loans equaling $80.9 million owed to the State Of Alaska                                                                        
noting that the garnishment of the large dividend would                                                                         
close 9,000 accounts and repay $67 million to the student                                                                       
loan program.                                                                                                                   
                                                                                                                                
Senator Mackie stated that the $25,000 dividends from the                                                                       
current number of 3,500 felons would yield $87.5 million. He                                                                    
told of how the funds are allocated to the Sexual Violence                                                                      
and Domestic Abuse programs, the Violent Crimes Compensation                                                                    
program and the Department of Corrections Prisoner                                                                              
Rehabilitation program.                                                                                                         
                                                                                                                                
Senator Mackie believed that the permanent fund was                                                                             
established by the voters to provide a source of revenue                                                                        
that would pay for essential services when oil revenues                                                                         
declined. He stated that only 40 percent of the current                                                                         
residents of Alaska were residents when the permanent fund                                                                      
was established. He continued that it wasn't until six years                                                                    
after the fund was established that the legislature decided                                                                     
to distribute some of the earnings among individual                                                                             
residents. He argued that many people have since developed                                                                      
the attitude that the permanent fund is only in place to                                                                        
provide the dividends.                                                                                                          
                                                                                                                                
Senator Mackie admitted that he and other legislators had                                                                       
been unwilling to argue this point with the public. He                                                                          
divulged that he was as guilty as many others were of                                                                           
championing on the campaign trail, to protect the citizen's                                                                     
dividends at any cost. As a result, he remarked that because                                                                    
of this attitude, "our state's going down the drain." Since                                                                     
he and others were retiring, he shared that they could now                                                                      
"tell it like it is."                                                                                                           
                                                                                                                                
Senator Mackie expressed that the state was unable to                                                                           
adequately fund the University of Alaska, K-12 education,                                                                       
deferred maintenance needs and road systems. He expounded                                                                       
that this has had a significant negative impact on the                                                                          
public at a time when Alaska is the richest state in the                                                                        
nation. He surmised that there was not one other state that                                                                     
would not want to trade places with Alaska's financial                                                                          
problems.                                                                                                                       
                                                                                                                                
He restated his opposition to tax, saying that to implement                                                                     
a large sales tax would only drain money from the community                                                                     
                                                                                                                                
He did not appreciate the use of the word "bribe" but noted                                                                     
that the $25,000 dividend was an incentive or a negotiation                                                                     
to try to break the hold that people have on the notion that                                                                    
the fund is only for providing dividends.                                                                                       
                                                                                                                                
He talked about the different reasons the September 14, 1999                                                                    
advisory vote regarding the use of the permanent fund had                                                                       
failed. He asserted that those who claim the budget should                                                                      
be cut further don't understand that an additional $1                                                                           
billion cannot be cut from a $2 billion general fund. His                                                                       
assessment of the reason the long-range budget plan was not                                                                     
approved was because the legislature did an inadequate job                                                                      
of educating the public. He stated that the plan "looked                                                                        
like a blank check that we are writing to ourselves." He                                                                        
added that the plan was too complicated and did not give the                                                                    
voters enough time to thoroughly understand it.                                                                                 
                                                                                                                                
Senator Mackie warned against "sticking our heads in the                                                                        
sand," suggesting that the legislature should devise another                                                                    
option to present to the voters. "If you don't like my plan                                                                     
let me see your plan" he remarked and said he appreciated                                                                       
others' plans. He made further comments about other plans                                                                       
and surmised that other legislators would prefer the matter                                                                     
to "go away."                                                                                                                   
                                                                                                                                
Co-Chair Torgerson warned the witness to keep his comments                                                                      
to the bill rather than speculation of the other member's                                                                       
intentions.                                                                                                                     
                                                                                                                                
Senator Mackie shared one of the reasons he developed this                                                                      
plan was because of his concern about the future. He                                                                            
cautioned that if the state's reserved continued to be spent                                                                    
down, in four to five years the reserves would be gone and                                                                      
the legislature would be unwilling to tax at the high rate                                                                      
that would be necessary to fund government. The only option,                                                                    
he stressed would be to tap into the earnings of the                                                                            
permanent fund, which is what pays for the dividend program.                                                                    
                                                                                                                                
Senator Mackie stated that because of the state's                                                                               
constitutional mandate to balance the budget, the                                                                               
legislature would have no other choice but to use funds from                                                                    
the earnings reserve account.                                                                                                   
                                                                                                                                
REPRESENTATIVE GARY DAVIS added that when the legislation                                                                       
was introduced he immediately supported it. He noted that                                                                       
this plan balances the budget without imposing new taxes.                                                                       
                                                                                                                                
Representative Davis gave a history of the expectations of                                                                      
dividend recipients that initially were "wow, this is nice"                                                                     
to entitlement sentiments after several years of the                                                                            
program. He spoke of testimony from Alaskans challenging the                                                                    
legislature to not take away their individual dividends. He                                                                     
expressed that those people who argue so ardently against                                                                       
using the permanent fund to help pay for government services                                                                    
are not the same people trying to make the decisions                                                                            
necessary to keep government functioning.                                                                                       
                                                                                                                                
Representative Davis stressed that while this legislature is                                                                    
attempting to make a $30 million budget reduction, future                                                                       
legislatures will face the need to make much larger                                                                             
reductions. He admonished those who simply call for                                                                             
reductions without understanding what was involved.                                                                             
                                                                                                                                
Representative Davis stated that in the previous year, the                                                                      
voters rejected a long-term solution to the budget situation                                                                    
and that this resolution offered a short-term solution,                                                                         
which may be what the voters wanted.                                                                                            
                                                                                                                                
Senator Green asked if the sponsor had looked at what                                                                           
statutes would need to be revised to incorporate this plan.                                                                     
                                                                                                                                
Senator Mackie said he had not because other than clean-up                                                                      
language in the reviser's bill, there would be no other                                                                         
changes to statute. He was careful to not make any changes                                                                      
to statute.                                                                                                                     
                                                                                                                                
Senator Green repeated Senator Mackie's comments that those                                                                     
recipients of welfare, Medicaid, low income housing,                                                                            
Temporary Aide for Needy Families (TANF) or Denali KidCare                                                                      
would not loose their eligibility for those programs after                                                                      
collecting the large dividend. She asked what would be the                                                                      
impact on the hold harmless and if it would be only a                                                                           
portion of the payout amount or the entire $25,000.                                                                             
                                                                                                                                
Senator Mackie understood that the hold harmless did not                                                                        
automatically rise with the amount of the dividend, but was                                                                     
an amount set in statute.                                                                                                       
                                                                                                                                
Senator Green wanted to know if the witness thought it was a                                                                    
good thing for people who's income and need were the                                                                            
qualifying factors for these programs to receive $25,000 and                                                                    
not have their eligibility impacted. Senator Mackie                                                                             
responded that it was a good thing in that those individuals                                                                    
and families would become able to move off of welfare, which                                                                    
he predicted all would do.                                                                                                      
                                                                                                                                
Senator Green said that she understood that those recipients                                                                    
would not be required to move off welfare.                                                                                      
                                                                                                                                
Senator Mackie deferred to the department for a specific                                                                        
response. He expressed his prediction that many people would                                                                    
leave these public assistance programs and that the entire                                                                      
hold harmless provision would go away since there would no                                                                      
longer be a dividend.                                                                                                           
                                                                                                                                
Senator Leman continued on Senator Green's point that the                                                                       
sponsor had said the large dividend would not prohibit                                                                          
people from qualifying for certain programs and that the                                                                        
sponsor thought that was positive. Senator Leman found it                                                                       
interesting that the sponsor took that approach rather than                                                                     
considering it a positive incentive for those people if they                                                                    
would not qualify for the programs.                                                                                             
                                                                                                                                
Senator Mackie responded that the hold harmless was already                                                                     
placed in statutes and that the legislature could change                                                                        
those provisions if desired. After listening to those who                                                                       
manage the programs and deal with the participants daily, he                                                                    
realized that the participants would be gone.                                                                                   
                                                                                                                                
Senator Leman asked if "gone," meant gone from the state or                                                                     
from the programs.                                                                                                              
                                                                                                                                
Senator Mackie clarified that he meant those program                                                                            
recipients would no longer participate in the public                                                                            
assistance programs, although some could leave the state as                                                                     
well.                                                                                                                           
                                                                                                                                
Senator Leman asked where is the credibility of the                                                                             
permanent fund program when applicants sign an oath that                                                                        
they intent to stay in the state indefinitely.                                                                                  
                                                                                                                                
Senator Mackie countered that was the way the system                                                                            
currently operated and that he was not changing anything.                                                                       
While he was not promoting that people leave the state after                                                                    
receiving a large dividend, for those people who lived in                                                                       
Alaska only to receive the benefits of the permanent fund he                                                                    
said, "don't let the door hit you in the butt on the way                                                                        
out." He stressed that he was born in Alaska, his family has                                                                    
been in the state forever and that he would die in Alaska.                                                                      
He suggested that if those people left, there might be                                                                          
smaller class sizes and fewer people to worry about.                                                                            
                                                                                                                                
Co-Chair Torgerson stressed that this resolution did not                                                                        
repeal any statutes. He thought that for Committee members                                                                      
to drill the witness on the impact the resolution would have                                                                    
on any laws was unfair.                                                                                                         
                                                                                                                                
Senator Wilken requested another opportunity to continue                                                                        
this conversation after the public testimony. He wanted to                                                                      
discuss the fund's earnings and how they would be projected                                                                     
in relation to inflation proofing.                                                                                              
                                                                                                                                
Senator Adams stated that the presentation was excellent but                                                                    
that the plan was ahead of its time because the state was                                                                       
not yet "broke". However, he surmised that this was the best                                                                    
long-range plan before either the Senate or the House of                                                                        
Representatives. He supported no taxes, and expressed "let                                                                      
the people vote."                                                                                                               
                                                                                                                                
Senator Adams then asked about future generations.                                                                              
                                                                                                                                
Senator Mackie agreed the intergenerational issue was a                                                                         
problem and admitted this was not a perfect plan. However,                                                                      
he was also concerned about future generations if there is                                                                      
no money to fund certain services such as the university                                                                        
system and senior citizen programs.                                                                                             
                                                                                                                                
Senator P. Kelly questioned whether this plan would actually                                                                    
lose on the intergenerational point, because of the argument                                                                    
that if the state is going to be able to pay for future                                                                         
services, a long-range fiscal plan needs to be implemented                                                                      
now.                                                                                                                            
                                                                                                                                
Co-Chair Torgerson asked the sponsor to provide a written                                                                       
response from the Department of Health and Social Services                                                                      
regarding Senator Green's concerns about whether recipients                                                                     
of a large dividend would qualify for certain public                                                                            
assistance programs.                                                                                                            
                                                                                                                                
ART GRISWOLD testified via teleconference from Delta                                                                            
Junction as an older resident who would lose money from his                                                                     
Social Security Insurance as well as his tax deductions for                                                                     
his minor children and his spouse if the large payout was                                                                       
made. He encouraged funding of the land grant university                                                                        
work as intended.                                                                                                               
                                                                                                                                
MARY GRISWOLD testified via teleconference from Homer that                                                                      
she was opposed to SJR 33 and supported HB 411 as a better                                                                      
method of providing essential government services while                                                                         
preserving the dividend program.                                                                                                
                                                                                                                                
JAMES SHOWALTER testified via teleconference from Kenai                                                                         
against SJR 33 saying that legislatures did not know the                                                                        
meaning of the word "no".                                                                                                       
                                                                                                                                
KATE BALLENGER testified via teleconference from Kodiak in                                                                      
strong support for SJR 33 because she believed it would                                                                         
relieve the current funding situation. She was tired of                                                                         
hearing the debate on what programs to cut when this money                                                                      
was available. She could not understand how anyone could                                                                        
oppose this plan when it would eliminate the deficient.                                                                         
                                                                                                                                
JUNE BURKHART testified via teleconference from MatSu asking                                                                    
Senator Mackie what part of no didn't he understand. She                                                                        
took issue with his suggestion that voters did not                                                                              
understand what they were voting for on the advisory vote.                                                                      
She avowed that she knew what she was voting for.                                                                               
                                                                                                                                
BRYAN VAN ETTINGER testified via teleconference from                                                                            
Petersburg against SJR 33 because he believed it would place                                                                    
a wedge between divorced parents. He addressed the deadbeat                                                                     
dad comment and took offense to the term.                                                                                       
                                                                                                                                
JOHN GLOTFELTY testified via teleconference from Delta                                                                          
Junction that the resources were given to all Alaskans in                                                                       
the constitution and told the Committee not to remove the                                                                       
citizens from the oversight of the fund.                                                                                        
                                                                                                                                
                                                                                                                                
Tape: SFC - 00 #57, Side B    9:54 AM                                                                                           
                                                                                                                                
                                                                                                                                
Mr. Glotfelty continued.                                                                                                        
                                                                                                                                
SUSAN GIBSON testified via teleconference from Kenai taking                                                                     
issue with Senator Mackie's comment about people's attitude                                                                     
regarding budget reductions. She suggested the legislature                                                                      
get some courage to stand up to special interest groups.                                                                        
                                                                                                                                
LINDA ANDERSON testified via teleconference from MatSu                                                                          
accusing the legislators of lining their pockets.                                                                               
                                                                                                                                
BILL PHILLIPS testified via teleconference from Kenai about                                                                     
his mistrust of the legislature.                                                                                                
                                                                                                                                
JESSE CHANDLER testified via teleconference from MatSu that                                                                     
he thought the $25,000 payoff was "stupid".                                                                                     
                                                                                                                                
KEITH LIPSE testified via teleconference from MatSu telling                                                                     
the Committee to not use his dividend to fund welfare. He                                                                       
charged that the people on public assistance would return                                                                       
even after receiving the large payout.                                                                                          
                                                                                                                                
Senator Mackie concluded thanking the Committee for hearing                                                                     
this resolution. He promised that at the next hearing he                                                                        
would ask those who support the plan to come testify.                                                                           
                                                                                                                                
AT EASE 9:59 AM / 10:04 AM                                                                                                      
                                                                                                                                

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