Legislature(2003 - 2004)

03/24/2004 09:04 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                                                                                                                                
     CS FOR SENATE JOINT RESOLUTION NO. 3(JUD)                                                                                  
     Proposing an amendment to the Constitution of the State of                                                                 
     Alaska relating to an appropriation limit and a spending                                                                   
     limit.                                                                                                                     
                                                                                                                                
                                                                                                                                
This was  the fourth  hearing for  this bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
Co-Chair  Wilken   stated  that  this  legislation   would  allow  a                                                            
Constitutional  spending limit proposal to be placed  on a Statewide                                                            
election ballot.                                                                                                                
                                                                                                                                
Amendment  #1: This amendment  deletes language  in Section  1, page                                                            
two,  subsection  (c)(3)  and  replaces  it  with  new  language  as                                                            
follows.                                                                                                                        
                                                                                                                                
     (3) of money received by the State from a source other than                                                                
     the State or federal government that is restricted to a                                                                    
     specific use by the terms of a gift, grant, bequest, or                                                                    
     contract;                                                                                                                  
                                                                                                                                
In addition, following  ";" in Section 1, subsection  (c)(8) on page                                                            
two,  line 21  the word  "and" is  deleted  and a  new paragraph  is                                                            
inserted to read as follows.                                                                                                    
                                                                                                                                
     (9) of money for expenditure by a State agency to provide                                                                  
     services to another State agency that has also received an                                                                 
     appropriation of the same money; and                                                                                       
                                                                                                                                
LUCKY SHULTZ, Staff to  Senator Dyson, explained that in response to                                                            
Members'  concerns  regarding  the appropriateness  of  language  in                                                            
Version  23-LS0296\B  pertaining to  the appropriation  calculation                                                             
exemption "of donations,  gift, and grants to the State for specific                                                            
purposes,"  Amendment  #1 would  replace  that language  "with  more                                                            
appropriate language" pertaining  to the exemption of such statutory                                                            
designated  program   receipts  as  gifts,  grants,   bequests,  and                                                            
specifically, contracts.                                                                                                        
                                                                                                                                
Senator Dyson moved to adopt Amendment #1.                                                                                      
                                                                                                                                
Co-Chair Wilken objected for explanation.                                                                                       
                                                                                                                                
CHERYL FRASCA, Director,  Office of Management and Budget, Office of                                                            
the Governor,  clarified that this amendment would  align the bill's                                                            
language  with  current  State  Statutes  pertaining   to  statutory                                                            
designated program receipts.                                                                                                    
                                                                                                                                
Mr. Schultz  continued that the amendment  would also incorporate  a                                                            
new exemption  into the bill  in order to  allow for an exchange  of                                                            
interagency receipts in  that one State agency could expend money in                                                            
order  to provide  services to  another  State agency.  This is  not                                                            
additional income  and should therefore be appropriately  reflected.                                                            
The amendment would also address reimbursable agreements.                                                                       
                                                                                                                                
AT EASE 9:39 AM / 9:39 AM                                                                                                       
                                                                                                                                
Senator  Hoffman inquired  as  to the  necessity  of addressing  the                                                            
interagency  receipt language, as,  were the funds already  included                                                            
in one  department's  budget, they  would be  incorporated into  the                                                            
allocation base.                                                                                                                
                                                                                                                                
Ms. Frasca responded  that the amendment would address  the issue of                                                            
duplicated  expenditures.  She  explained  that  when  developing  a                                                            
fiscal summary  that compares one  year's budget to the next,  there                                                            
is a line  item element  through which to  identify components  that                                                            
should be backed  out or would reduce  duplicated expenditures  that                                                            
had been appropriated  twice. The proposed language  would serve "to                                                            
exclude the  duplication so they count  only once under the  limit."                                                            
Examples would include  "highway working capital fund appropriations                                                            
to the  Internal Services  Fund for telecommunications"  as  well as                                                            
interagency receipts.                                                                                                           
                                                                                                                                
Co-Chair  Green asked  regarding a  component of  the Department  of                                                            
Health  and Social Services  budget  that would  be affected  by the                                                            
proposed statutory designated program receipts language.                                                                        
                                                                                                                                
Ms.  Frasca responded  that  the amendment  would  address the  pro-                                                            
share/fair  share component  in the  Department as  these funds  are                                                            
categorized as a contractual  relationship between a health facility                                                            
through which federal Medicaid  funds are received and then returned                                                            
to the State.  The amendment would  address this contractual  issue.                                                            
                                                                                                                                
Co-Chair  Green asked whether  "this implies  that it is a  contract                                                            
with the State."                                                                                                                
                                                                                                                                
Ms. Frasca  clarified that it is a  contractual agreement  between a                                                            
hospital and the State.                                                                                                         
                                                                                                                                
Co-Chair  Green understood  therefore that  it is not a contractual                                                             
agreement between the hospital and the federal government.                                                                      
                                                                                                                                
Ms. Frasca  affirmed  that, when  pertaining to  the fair  share/pro                                                            
share arrangement, it is not.                                                                                                   
                                                                                                                                
Co-Chair Wilken removed his objection.                                                                                          
                                                                                                                                
There being no further objection, Amendment #1 was ADOPTED.                                                                     
                                                                                                                                
Amendment #2:  This amendment inserts  new language into  Section 2,                                                            
subsection (d)  on page three, line three following  the word "fund"                                                            
as follows.                                                                                                                     
                                                                                                                                
     if the  balance in the  fund is less  than $2,000,000,000.  The                                                            
     amount  deposited  into  the  budget reserve  fund  under  this                                                            
     subsection shall not  exceed the amount that, when added to the                                                            
     balance in the fund  before the deposit, equals $2,000,000,000.                                                            
     After  deposit  is  made  under  this  subsection,  any  excess                                                            
     general  fund money shall  be deposited  into a budget  reserve                                                            
     fund established by statute                                                                                                
                                                                                                                                
Senator Dyson moved to adopt Amendment #2.                                                                                      
                                                                                                                                
Co-Chair Wilken objected for explanation.                                                                                       
                                                                                                                                
Senator  Dyson  explained  that this  amendment  would  address  the                                                            
question of how  to deal with excess funds were the  money available                                                            
for appropriation  to exceed the limit. The original  version of the                                                            
bill  decried that  the  excess funds  must  be deposited  into  the                                                            
Constitutional Budget Reserve  (CBR). However, utilizing these funds                                                            
to rebuild  the CBR to  approximately a seven  billion dollar  level                                                            
has  not been  viewed  as the  "wisest  public  policy."  Therefore,                                                            
rebuilding the  CBR to some acceptable or prudent  level would serve                                                            
to strengthen  the State's bond rating and provide  flexibility with                                                            
which  to  respond  "to  foreseen  and  unforeseen  fluctuations  in                                                            
revenue." This  Amendment would specify  a CBR limit of two  billion                                                            
dollars.  This would be  one billion dollars  beyond Governor  Frank                                                            
Murkowski's  recommendation   that  a  one  billion  dollar  minimum                                                            
balance be  established. Additional  revenue beyond the two  billion                                                            
dollars  would  be deposited  into  the  existing  Statutory  Budget                                                            
Reserve (SBR) fund. He voiced support for the amendment.                                                                        
                                                                                                                                
Co-Chair  Wilken  recalled that  prior  to the  State's withdrawing                                                             
funds  from the  CBR  beginning  in 1994,  money  from  the SBR  was                                                            
utilized between 1990 and  1994. The balance currently is the SBR is                                                            
minimal.                                                                                                                        
                                                                                                                                
Senator Dyson read Section  2, subsection (d), as it would read were                                                            
the amendment adopted.                                                                                                          
                                                                                                                                
     (d)  The amount  of money  in the  general  fund available  for                                                            
     appropriation   at  the  end  of  each  fiscal  year  shall  be                                                            
     deposited  in the  budget reserve  fund if  the balance  in the                                                            
     fund  is less than  $2,000,000,000. The  amount deposited  into                                                            
     the budget reserve  fund under this subsection shall not exceed                                                            
     the amount  that, when added to the balance in  the fund before                                                            
     the  deposit,  equals  $2,000,000,000.  After deposit  is  made                                                            
     under this  subsection, any excess general fund  money shall be                                                            
     deposited  into a budget reserve  fund established by  statute.                                                            
                                                                                                                                
Co-Chair  Wilken understood  that  adoption of  the amendment  would                                                            
limit the  CBR balance to  two billion dollars  and anything  beyond                                                            
that amount  would be deposited into  the SBR. He asked whether  the                                                            
language  stating that,  "any  excess general  fund  money shall  be                                                            
deposited into a budget  reserve fund established by statute" should                                                            
be amended to clarify that this fund is the SBR.                                                                                
                                                                                                                                
Ms. Frasca suggested that  amendment language specifying the general                                                            
fund  also be  deleted,  as such  things  as excess  Permanent  Fund                                                            
earnings should also be deposited into the budget reserve fund.                                                                 
                                                                                                                                
Senator B.  Stevens noted  that, in response  to his question  as to                                                            
whether  the   Permanent  Fund  Earnings   Reserve  Account   was  a                                                            
subaccount of  the general fund or the Permanent Fund,  the position                                                            
of  the Department  of  Revenue's  Commissioner  was that  it was  a                                                            
subaccount of the Permanent  Fund. As a result of the Commissioner's                                                            
remarks, he understood  that those earnings would  not available for                                                            
appropriation   as  a  general  fund   subaccount.  Therefore,   the                                                            
Permanent   Fund   earnings  reserve   account   would   not  be   a                                                            
consideration in this bill.                                                                                                     
                                                                                                                                
Ms. Frasca  agreed  that this  would be  the case "in  terms of  the                                                            
categorization;"  however,  she  stated  that a  future Legislature                                                             
could  appropriate  the  balance  of  the  Permanent  Fund  earnings                                                            
reserve account into the general fund.                                                                                          
                                                                                                                                
Senator  B. Stevens  acknowledged.  He noted  that this legislation                                                             
differs from separate  earnings reserve account legislation  that he                                                            
has  proposed, in  that, by  specifying  that excess  general  funds                                                            
would  fund the  earnings  reserve  account,  there is  a  different                                                            
funding mechanism.                                                                                                              
                                                                                                                                
Co-Chair Wilken  suggested therefore that the general  fund language                                                            
in the amendment  remain as is with  the option of revisiting  it as                                                            
the bill progresses.                                                                                                            
                                                                                                                                
Senator  Dyson stated  that amending  the language  to specifically                                                             
denote SBR is worthy of consideration.                                                                                          
                                                                                                                                
Senator Dyson asked Ms.  Frasca whether the language specifying that                                                            
general fund  money would be available  for appropriation  should be                                                            
revisited.                                                                                                                      
                                                                                                                                
Ms.  Frasca asked  that  additional  time  be provided  before  that                                                            
determination is made.                                                                                                          
                                                                                                                                
Senator  Dyson asked  the Members  and  Ms. Frasca  to reflect  upon                                                            
whether two billion dollars is an appropriate CBR limit.                                                                        
                                                                                                                                
Ms. Frasca  requested  that she be  provided sufficient  time  to be                                                            
able to confer with the Department of Revenue in that regard.                                                                   
                                                                                                                                
                                                                                                                                
SFC 04 # 55, Side B 09:51 AM                                                                                                    
                                                                                                                                
                                                                                                                                
Senator  Bunde asked the  rationale behind  designating two  billion                                                            
dollars  as the  CBR  limit,  particularly  as the  State  typically                                                            
requires, annually,  half a billion to provide for  cash flow issues                                                            
aside from sufficient funding  with which to provide for such things                                                            
as a downturn  in revenue or a catastrophic event.  In addition, the                                                            
fact that the  State borrowed five billion dollars  from the CBR and                                                            
has yet to fully reimburse that amount is an irritant.                                                                          
                                                                                                                                
Senator Dyson  voiced appreciation for that concern.  He also voiced                                                            
appreciation for the efforts  being exerted by Senator B. Stevens to                                                            
present legislation to reimburse the CBR.                                                                                       
                                                                                                                                
Senator Dyson  voiced the understanding that the ability  of the CBR                                                            
to reach  a five  billion balance  was unanticipated,  and that  the                                                            
Governor's  recommendation that  a one billion  dollar CBR  limit be                                                            
specified as the account  "floor" or level that must not be breached                                                            
was the amount required  to maintain such things as the State's bond                                                            
rating. In addition, he  referenced separate testimony pertaining to                                                            
loan rates,  inflation,  the financial  market and  the impact  that                                                            
such things incur on the State's financial situation.                                                                           
                                                                                                                                
Senator B. Stevens  expressed the hope that someday  the Legislature                                                            
could face the  problem of what to do with an excess  balance in the                                                            
CBR. He also stressed that  reimbursing the CBR is "a constitutional                                                            
obligation" and unless  that issue were resolved, either by changing                                                            
the  Constitution   or  by   repaying  the   amount  borrowed,   the                                                            
establishment  of a one billion dollar  floor as recommended  by the                                                            
Governor  or  a  two billion  dollar  floor  as  suggested  in  this                                                            
amendment  would  serve to  prohibit  that reimbursement  as  future                                                            
Legislators could appropriate excess funds elsewhere.                                                                           
                                                                                                                                
Senator Dyson clarified  that rather than establishing a two billion                                                            
dollar  floor, this  amendment would  establish that  amount as  the                                                            
maximum CBR "ceiling" or limit.                                                                                                 
                                                                                                                                
Senator B.  Stevens understood that  this limit would only  apply to                                                            
the amount of general fund contributions to the CBR.                                                                            
                                                                                                                                
Senator  Dyson clarified  that the  two billion  dollar limit  would                                                            
apply  to total  funds  in  the account  regardless  of  where  they                                                            
originated.  He  requested  Members  to contemplate  whether  a  two                                                            
billion  dollar balance  in the  CBR combined  with  the money  that                                                            
might be deposited into  the SBR would qualify as a reimbursement of                                                            
the money the State has borrowed from the budget reserve.                                                                       
                                                                                                                                
Senator  B.  Stevens  responded  that  time  would  be  required  to                                                            
appropriately consider  the situation. However, he voiced discomfort                                                            
that the Legislature might  allocate funds in excess of the proposed                                                            
two  billion dollar  mark  to  other savings  accounts  rather  than                                                            
repaying the entirety  of the money owed to the CBR.  This mechanism                                                            
could displace the State's debt obligation to the CBR.                                                                          
                                                                                                                                
Senator Hoffman  asked whether this  language would serve  to repeal                                                            
the CBR repayment  language. This would be contrary  to the original                                                            
intent  of  Legislators  who, acting  upon  a  vote of  the  people,                                                            
allowed funds  to be borrowed  from the CBR  with the understanding                                                             
that  the money  would be  repaid. He  stated that,  years ago,  the                                                            
Legislature, without success,  inquired of the Administration at the                                                            
time, as  to whether settlement  money the  State received  from oil                                                            
companies could  be utilized to repay the CBR. Therefore,  he agreed                                                            
with Senator  B. Stevens  that the entire  amount of money  that has                                                            
been  borrowed  from  the  CBR  should  be  repaid.  This  bill,  he                                                            
continued, in addition  to establishing a spending limit, would also                                                            
attempt  to amend, by  establishing  a spending cap,  a vote  of the                                                            
people that specified that the CBR should be reimbursed.                                                                        
                                                                                                                                
Senator  Olson asked  whether  a majority  vote of  the Legislature                                                             
would be required  in order to access funds from the  SBR as opposed                                                            
to the three-quarter vote that is required to access the CBR.                                                                   
                                                                                                                                
Co-Chair Wilken affirmed  that a majority vote could access the SBR.                                                            
                                                                                                                                
Senator Dyson,  in response to Senator Hoffman's concern,  asked for                                                            
clarification  regarding  whether  the adoption  of  this  amendment                                                            
would  eliminate  the Constitutional  requirement  that  the CBR  be                                                            
reimbursed  to the level  it was  at the time  the Constitution  was                                                            
amended to allow funds to be borrowed from the CBR.                                                                             
                                                                                                                                
Mr. Schultz  responded  that the  Version "B"  committee  substitute                                                            
contains  language that would  repeal Article  IX, Section  17(d) of                                                            
the  Constitutional   budget  language   that  specifies   that  any                                                            
withdrawal of funds from  the CBR must be repaid. Amendment #2 would                                                            
add new language to Section 17(d).                                                                                              
                                                                                                                                
Senator Dyson  therefore stated that it must be clarified  that were                                                            
the people  of the State  to approve language  as presented  in this                                                            
legislation,  the voters would  be changing  language that  they had                                                            
previously  approved in this regard.  He stated that, provided  that                                                            
it is clearly  communicated to the people of the State,  Legislators                                                            
have the right to determine  an appropriate CBR fund level. The real                                                            
discussion should be what is an appropriate level for the CBR.                                                                  
                                                                                                                                
Senator  Hoffman  stated that  the  single  subject rule  should  be                                                            
applied  in  this  instance,  as  the  language   contained  in  the                                                            
Amendment regarding a specified  CBR level is a completely different                                                            
topic that should require  a separate Constitutional amendment aside                                                            
from  the spending  limit. While  it does  pertain  to managing  the                                                            
State's  funds,  aligning  it  with  a spending  limit  might  be  a                                                            
stretch.                                                                                                                        
                                                                                                                                
Senator Bunde  understood that the reason that a two  billion dollar                                                            
limitation  is being  presented  is  to provide  sufficient  funding                                                            
above the Governor's one  billion dollar "floor" recommendation that                                                            
supports  the  State's  credit rating.  Therefore,  in  addition  to                                                            
maintaining a one billion  dollar floor, $500,000,000 is required to                                                            
support   cash  flow  issues   throughout   the  year  and   another                                                            
$500,000,000 would be available  to address claustrophobic events or                                                            
such  things  as  financial   market  fluctuations   and  oil  price                                                            
declines.                                                                                                                       
                                                                                                                                
Senator Bunde stated that  the position of maintaining a one billion                                                            
dollar  floor to  insure the  State's credit  rating  has also  been                                                            
questioned as  the State has other options through  which to support                                                            
its  bond  ratings  such  as  acquiring  a line  of  credit  from  a                                                            
financial institution.  The problem  with doing that, he  professed,                                                            
is that it would  incur additional debt service whereas  maintaining                                                            
one billion  dollar  balance in  the CBR  would not  cost the  State                                                            
anything.  It  would  also  garner  interest  earnings  even  though                                                            
utilizing  the CBR  in this  manner  would tie  up a  lot of  money.                                                            
Knowing which position to advance is a dilemma.                                                                                 
                                                                                                                                
Co-Chair  Wilken  asked that  Senator  Dyson consider  holding  this                                                            
amendment for further discussion.                                                                                               
                                                                                                                                
Senator Dyson  agreed. He also acknowledged Senator  Hoffman's point                                                            
about the single  subject rule and  stated that further research  in                                                            
that regard would be undertaken.                                                                                                
                                                                                                                                
Senator Dyson stated that an amendment that would specify a four-                                                               
year termination  date on this proposal is being considered,  with a                                                            
provision that it could be re-authorized.                                                                                       
                                                                                                                                
Co-Chair  Wilken  asked what  the fee  might  be were  the State  to                                                            
arrange for  a one billion or half  a billion dollar line  of credit                                                            
with a  major financial  institution.  He considered  this a  viable                                                            
option and suggested  that it might be less expensive  than the cost                                                            
associated with investing  the CBR on a short-term rather than long-                                                            
term basis.  With $28  billion in the  bank, the  fee for a  line of                                                            
credit  should  be  "relatively"  reasonable.  Perhaps  an  informal                                                            
inquiry could be made.                                                                                                          
                                                                                                                                
Ms.  Frasca  stated  that  information   in  this  regard  would  be                                                            
forthcoming.                                                                                                                    
                                                                                                                                
Senator   Dyson  voiced   uncertainty   as  to   whether   providing                                                            
$500,000,000   to  address  such  things  as  fluctuations   in  the                                                            
financial markets  or the price of  oil is sufficient. He  asked Ms.                                                            
Frasca or the  Department of Revenue to provide further  information                                                            
to the Committee in this regard.                                                                                                
                                                                                                                                
Senator Dyson  moved to withdraw the  motion to adopt Amendment  #2.                                                            
                                                                                                                                
There  being   no  objection,  Amendment   #2  was  WITHDRAWN   from                                                            
consideration.                                                                                                                  
                                                                                                                                
Co-Chair Wilken ordered the bill HELD in Committee.                                                                             
                                                                                                                                

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