Legislature(2003 - 2004)

03/16/2004 09:07 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                                                                                                                                
     CS FOR SENATE JOINT RESOLUTION NO. 24(JUD)                                                                                 
     Proposing  amendments  to  the  Constitution  of the  State  of                                                            
     Alaska to  guarantee the permanent fund dividend,  establishing                                                            
     the  earnings  reserve  account,  and relating  to  the  Alaska                                                            
     permanent fund; and providing for an effective date.                                                                       
                                                                                                                                
                                                                                                                                
This  was the  first  hearing  for  this resolution  in  the  Senate                                                            
Finance Committee.                                                                                                              
                                                                                                                                
Co-Chair Wilken stated  this resolution "requires income earned from                                                            
the Permanent  Fund to be deposited into a constitutionally  created                                                            
earnings reserve account.  Fifty-percent of the income available for                                                            
distribution shall be transferred  from the earnings reserve account                                                            
and used as payments  to State residents as a dividend.  This Senate                                                            
joint  resolution takes  effect only  if voters  approve a  spending                                                            
limit amendment."                                                                                                               
                                                                                                                                
SENATOR SCOTT OGAN, sponsor,  proposed this resolution to "enshrine"                                                            
the  existing  Permanent  Fund  dividend  program  into  the  Alaska                                                            
Constitution,  as it has been successful for many  years. He opined,                                                            
"Nothing [is]  broke[n]; we don't need to fix it."  and that usually                                                            
government  "fixes things until they  are broken." He stressed  that                                                            
the legislature  has exercised discipline in depositing  significant                                                            
portions of  the earnings of the Permanent  Fund into the  corpus of                                                            
the Fund.  He predicted that  Alaskans would  have no confidence  in                                                            
the  legislature until  the  dividend program  is  protected in  the                                                            
Constitution.                                                                                                                   
                                                                                                                                
Senator  Ogan shared  the  impetus of  this proposal  resulted  from                                                            
discussions in  the Mat-Su Valley relating to subsurface  rights. He                                                            
remarked  that  the State  of  Alaska  has those  rights,  that  the                                                            
"people" own  those resources and  as trustees, the legislature  has                                                            
the obligation  to  manage those  resources  to the  benefit of  all                                                            
Alaskans.  He  stated the  Permanent  Fund  operates with  the  same                                                            
philosophy.   He  expounded   further  on   subsurface  rights   and                                                            
landowners before Statehood.                                                                                                    
                                                                                                                                
Senator Ogan then spoke  to a spending limit, which he opined should                                                            
be carefully  considered.  He suggested  that making  adoption  of a                                                            
constitutional   amendment  contingent   upon  passage  of   another                                                            
amendment  could be considered  a revision  to the Constitution.  He                                                            
recommended obtaining a legal opinion on the matter.                                                                            
                                                                                                                                
Senator Ogan referenced  an article published in the Anchorage Daily                                                            
News related to  operating the State government like  a business. He                                                            
asserted this  could be done. He noted that oil companies  decide to                                                            
reduce  operations when  prices  fluctuate, making  these  decisions                                                            
"behind  closed doors,"  and that  "unfortunately"  the legislature                                                             
does   not   have  this   "luxury".   Therefore,   he   stressed   a                                                            
constitutional spending  limit must be enacted, the dividend program                                                            
must be  enshrined  in the Constitution,  and  the State  government                                                            
should  be "run  like a  business". Only  then,  he surmised,  would                                                            
people  be  willing  to  consider  using   excess  earnings  of  the                                                            
Permanent Fund for government services.                                                                                         
                                                                                                                                
Senator  Bunde  understood  the sponsor's  comment  that  subsurface                                                            
rights are held in trust  for all residents of Alaska, regardless of                                                            
the location of the resource.                                                                                                   
                                                                                                                                
Senator  Ogan  affirmed  and cited  Alaska  Constitution  Article  8                                                            
Section 3, regarding common use.                                                                                                
                                                                                                                                
Senator Bunde also understood  the sponsor supported a change of the                                                            
"purpose  of the  dividend"  to  provide  compensation  for loss  of                                                            
subsurface  rights. Senator  Bunde had understood  the dividend  was                                                            
originally  instituted  to provide ownership  of  the corpus of  the                                                            
Fund so  residents would  support  the continuation  of the Fund  in                                                            
exchange for receipt of a portion of the interest earned.                                                                       
                                                                                                                                
Senator Ogan countered  that the purpose has not changed.  He stated                                                            
that 25 percent  of the royalties  generated from subsurface  rights                                                            
are deposited  into the Permanent  Fund, which is a reflection  that                                                            
the money "comes from a  commonly owned resource". He shared that he                                                            
has become aware  that as the reality for some property  owners that                                                            
they do not  own subsurface rights  is understood, the necessity  to                                                            
ensure that  all residents receive  a portion of subsurface  royalty                                                            
is heightened.                                                                                                                  
                                                                                                                                
Senator Bunde  concluded that the sponsor attests  that the dividend                                                            
would  constitute compensation  for  lack of  personal ownership  of                                                            
subsurface rights.                                                                                                              
                                                                                                                                
Senator  Bunde next  referred to  the sponsor's  testimony that  the                                                            
legislature  has been "good stewards"  of the Permanent Fund  by not                                                            
appropriating  significant  amounts  of  the  earnings  and  instead                                                            
depositing  it into the corpus of  the Fund. However, Senator  Bunde                                                            
pointed  out that  currently $35  million is  expended annually  for                                                            
hold harmless provisions and other purposes.                                                                                    
                                                                                                                                
Senator  Bunde remarked  that the  dividend amount  could have  been                                                            
"zero"  in  2003  and  "lower  this  year."  He recalled   testimony                                                            
attesting that the dividend  comprises up to 30 percent of household                                                            
income for  some residents and that  loss of dividends could  result                                                            
in  30 percent  lower  income  in  some  regions  of the  State.  He                                                            
predicted  this  would have  a  significant  impact on  the  State's                                                            
welfare   system.  He   remarked   that  some   residents   indicate                                                            
understanding  of  this possibility,  but  continue  to support  the                                                            
current  system   of  managing  the  Fund.  He  warned   of  serious                                                            
consequences that could occur in years of low or no dividends.                                                                  
                                                                                                                                
Senator  Ogan  responded  that  the  public  accepts  that  dividend                                                            
amounts increase and decrease  depending upon the performance of the                                                            
Fund. He  noted that the  Permanent Fund  Corporation has  advocated                                                            
for a  POMV management  method  for several  years and  that such  a                                                            
system could  be implemented at a  later date. However, he  stressed                                                            
that the existing system is sufficient at this time.                                                                            
                                                                                                                                
Senator Ogan continued  commenting about government  spending and of                                                            
the difficulties  in reducing the budget. He concluded  the only way                                                            
to "get rid of  cancer is to cut off the blood supply"  and asserted                                                            
this must be done with government as well.                                                                                      
                                                                                                                                
Senator  Bunde commented  recalled  that funding  was  added to  the                                                            
dividend  program due  to public demand.  He predicted  that  if the                                                            
existing  system  continues,   areas  of  the  State  that  rely  on                                                            
dividends would  suffer and subsequently the burden  would be placed                                                            
on  the State.  He warned  that  this could  result  in substantial                                                             
increase in State spending.                                                                                                     
                                                                                                                                
Senator  Olson addressed  Senator  Ogan's assertion  that the  State                                                            
government should be operated like a business.                                                                                  
                                                                                                                                
                                                                                                                                
SFC 04 # 41, Side A 10:42 AM                                                                                                    
                                                                                                                                
                                                                                                                                
Senator  Olson cautioned  against operating  the  State in the  same                                                            
manner as the now bankrupt  Enron Corporation was operated, in which                                                            
management  is  suspected  of  illegal  activities   that  defrauded                                                            
shareholders and employees.                                                                                                     
                                                                                                                                
Senator  Bunde restated  his concern  about the  impact sanctifying                                                             
dividends in the  Constitution would have on other  states and their                                                            
congressional  delegations  in  appropriating  federal  funding  for                                                            
Alaska if the  State reserves its  earnings for individuals  and not                                                            
for government services.                                                                                                        
                                                                                                                                
Senator  Ogan pointed  out that the  resolution  was amended  by the                                                            
Senate  Judiciary  Committee  to  add  a  provision  to  repeal  the                                                            
Constitutional  amendment if  a final determination  is made  by the                                                            
U.S. Internal  Revenue Service that utilizing the  Permanent Fund in                                                            
this manner would cause the Fund to be taxable.                                                                                 
                                                                                                                                
Co-Chair Wilken ordered the resolution HELD in Committee.                                                                       
                                                                                                                                

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