Legislature(2005 - 2006)CAPITOL 124

03/29/2005 08:00 AM House COMMUNITY & REGIONAL AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 2 TAX ON COMMERCIAL VESSEL PASSENGERS TELECONFERENCED
Heard & Held
*+ HB 36 APPROP: MUNI REVENUE SHARING/SAFE COMM TELECONFERENCED
Heard & Held
*+ HB 28 MUNICIPAL DIVIDEND PROGRAM TELECONFERENCED
Heard & Held
Bills Previously Heard/Scheduled
HB  28-MUNICIPAL DIVIDEND PROGRAM                                                                                             
                                                                                                                                
CO-CHAIR OLSON announced  that the first order  of business would                                                               
be HOUSE BILL NO. 28, "An  Act relating to the municipal dividend                                                               
program; and providing for an effective date."                                                                                  
                                                                                                                                
8:14:32 AM                                                                                                                    
                                                                                                                                
ADAM  BERG,  Staff to  Representative  Carl  Moses, Alaska  State                                                               
Legislature,  explained   that  HB   28  proposes   giving  every                                                               
incorporated municipality in  the state an amount  of money based                                                               
on the municipality's population.   The intent, he relayed, is to                                                               
empower local  officials by allowing  them to decide how  best to                                                               
spend the  money within their  community.  He explained  that the                                                               
dividend is  $250 per  person with a  minimum payment  of $40,000                                                               
per municipality.   Boroughs would also receive  a dividend based                                                               
on  the  total   population  of  the  borough   minus  the  total                                                               
population  of incorporated  municipalities  within the  borough.                                                               
The money will  come from the earnings reserve  account, and only                                                               
after  permanent  fund  dividends  have been  accounted  for  and                                                               
inflation-proofing has  taken place.   In the event  the earnings                                                               
reserve  account is  less than  the municipal  dividend payments,                                                               
municipal dividends would be reduced on a pro rata basis.                                                                       
                                                                                                                                
8:16:35 AM                                                                                                                    
                                                                                                                                
KEVIN  RITCHIE,  Executive   Director,  Alaska  Municipal  League                                                               
(AML), opined  that key  components of this  issue are  the shift                                                               
away from local services, local  issues, and economic development                                                               
over the last  10 years.  The aforementioned came  to a head with                                                               
the elimination of revenue sharing last  year.  Next year at this                                                               
time, as the facts indicate, there  will be half the small cities                                                               
that there are  this year.  Although these  small communities are                                                               
poor, they  have been in existence  for thousands of years  and a                                                               
higher standard  of living  has developed  such that  some public                                                               
safety is expected as  is the ability to fly or  drive out of the                                                               
community.    However, those  services  are  being lost  and  the                                                               
smaller city  population will migrate to  the larger communities.                                                               
Those  larger communities  are losing  their  ability to  address                                                               
problems.   In  fact, Alaska  has  some of  the highest  property                                                               
taxes and  some of the highest  total local taxes in  the nation.                                                               
Mr. Ritchie then  referred to a handout  entitled, "Status Update                                                               
(3/1/05)  Municipal  Governments  (DCCED  Division  of  Community                                                               
Advocacy),"  which provides  a summary  of what  is happening  in                                                               
Alaska's small cities.  He  pointed out that the committee packet                                                               
should   also  include   letters  from   many  of   the  impacted                                                               
communities.   The green sheet entitled,  "Local Government Issue                                                               
Paper" details property  tax increases since 1986  as provided by                                                               
the  state  assessor,  and illustrates  the  correlation  between                                                               
property taxes  and state funding.   He noted that  the committee                                                               
packet should also include a  document that provides a comparison                                                               
of  local taxes  nationwide  and  in Alaska.    One  of the  most                                                               
significant pieces  of information  is that  Anchorage's property                                                               
taxes rank  17th in  the nation  in 2003, while  on a  per capita                                                               
basis the  tax revenues  in Anchorage ranked  31st in  per capita                                                               
taxation in Alaska.                                                                                                             
                                                                                                                                
MR. RITCHIE  then highlighted that  one of the major  factors for                                                               
rising taxes  in communities  is the fact  that the  state hasn't                                                               
fulfilled  its statutory  obligation to  reimburse municipalities                                                               
for  the  senior  citizen  and   disabled  veteran  property  tax                                                               
exemption.    In  summary,  Mr.  Ritchie  stated  that  what  the                                                               
legislature  does  this  year  could   save  half  of  the  small                                                               
communities of  the state.  The  economy of the state  is largely                                                               
dependent upon the commerce between small and large communities.                                                                
                                                                                                                                
8:23:29 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX asked  if Mr.  Ritchie meant  to say  that                                                               
Alaska has some of the highest local taxes in the nation.                                                                       
                                                                                                                                
MR. RITCHIE replied yes.                                                                                                        
                                                                                                                                
REPRESENTATIVE LEDOUX pointed out that  the chart provided by Mr.                                                               
Ritchie  specifies that  while property  taxes  are ranked  17th,                                                               
when one considers [all taxes] Anchorage is ranked 50th.                                                                        
                                                                                                                                
MR. RITCHIE  acknowledged that the  chart covers state  and local                                                               
taxes throughout the  nation.  He highlighted that  Alaska is the                                                               
only  state without  state  taxes.   The  significance of  having                                                               
really high property and local  taxes is in comparison with other                                                               
states, which provide significant  sharing of revenues with their                                                               
communities.  Furthermore, when any  one tax is skewed, even more                                                               
of the competitive edge with the country is lost.                                                                               
                                                                                                                                
8:25:14 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CISSNA inquired  as to why the  [state] would want                                                               
smaller  communities.   She said  she wasn't  surprised with  Mr.                                                               
Ritchie's   testimony  as   she  observed   the  problems   small                                                               
communities  face in  her visits  to small  communities over  the                                                               
interim.    From  all  these,  she has  realized  that  what  the                                                               
legislature  does   has  an  impact.     She  characterized  this                                                               
legislation as  good.  She  then indicated  the need to  know why                                                               
incentives are necessary for small  towns and why small towns are                                                               
important to  the state.  Representative  Cissna turned attention                                                               
to her own district, which is  the core of the health services in                                                               
the state,  including many  of the  institutions of  last resort.                                                               
Those  institutions reported  a huge  influx.   For example,  one                                                               
agency reported an increase in  consumers in the amount of 3,000.                                                               
Such an  influx begins to  erode capacity, which in  turn impacts                                                               
quality  and causes  costs to  increase.   Representative  Cissna                                                               
emphasized the need for the  state to have policies that maintain                                                               
stability.   She said that  revenue sharing is important  to have                                                               
in attempting to  keep health care costs in line.   She indicated                                                               
that  perhaps [the  plight of  small communities]  is related  to                                                               
[health care costs].                                                                                                            
                                                                                                                                
8:29:35 AM                                                                                                                    
                                                                                                                                
MR.  RITCHIE said  that  he  would address  the  value of  "small                                                               
cities to  small cities" and  to Alaska as  a whole.   In Alaska,                                                               
nearly all of the very small  rural communities are poor and have                                                               
a rich cultural  history.  In the past 50  years, revenue sharing                                                               
and other programs  have allowed these small  communities to have                                                               
an  acceptable  level of  services  such  as public  safety,  law                                                               
enforcement, and  transportation.   However, the quality  of life                                                               
in  these small  communities  is diminishing  to  the point  that                                                               
residents  are  moving out.    He  highlighted [an  Institute  of                                                               
Social and  Economic Research (ISER)  study entitled,  "Status of                                                               
Alaska Natives  2004"], which states:   "Out-migration  of Alaska                                                               
Natives from  their homes  in rural  Alaska has  accelerated over                                                               
the last  30 years.   In the  last decade, 11,011  Alaska Natives                                                               
(nearly 10%  of the rural  population) migrated to  urban areas."                                                               
With  regard to  the value  these small  communities have  to the                                                               
state, he related that about one  out of five jobs in urban areas                                                               
sell items to other areas of  the state.  An estimated 20 percent                                                               
of the jobs in  urban areas serve other parts of  the state.  Mr.                                                               
Ritchie pointed out  that poor small communities  are magnets for                                                               
federal funds  that aren't  available otherwise.   If  many small                                                               
communities are  lost or shrink  to the point of  being nonviable                                                               
communities  and more  people move  into urban  areas, the  urban                                                               
areas lose some of the jobs that serve the rural areas.                                                                         
                                                                                                                                
8:33:13 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX pointed  out that  many small  communities                                                               
aren't   municipalities   and   are   operated   through   tribal                                                               
governments.   She surmised that this  municipal dividend doesn't                                                               
include  tribal   governments,  although   they  have   the  same                                                               
financial problems [as municipalities].                                                                                         
                                                                                                                                
MR. RITCHIE said that he isn't  competent to speak to the funding                                                               
of   tribes,  which   have  a   different  funding   stream  than                                                               
municipalities.  However,  he said that there is  so little money                                                               
in much of rural Alaska and  thus if the tribal government or the                                                               
municipal  government doesn't  work together,  there are  serious                                                               
impacts on the  quality of life in the community.   He noted that                                                               
those communities that  have no municipal government  at all, and                                                               
in  some   cases  have   no  tribe  either,   are  part   of  the                                                               
legislature's unorganized borough,  to a large extent.   "I think                                                               
the legislature  as a whole would  be well-served to look  at all                                                               
communities and what could be done to assist them," he opined.                                                                  
                                                                                                                                
8:35:00 AM                                                                                                                    
                                                                                                                                
CO-CHAIR THOMAS referred to the  document entitled "Status Update                                                               
(3/1/05)  Municipal  Governments",  which  specifies  that  these                                                               
small communities struggling with  financial situations have made                                                               
significant reductions  to core  services, including  the closure                                                               
of   washeterias.     He  asked   if  some   communities  provide                                                               
washeterias for the community.                                                                                                  
                                                                                                                                
MR.  RITCHIE  replied  yes,  and  clarified  that  sometimes  the                                                               
washeterias  are run  through a  local health  organization or  a                                                               
municipality.  He  explained that if there's no  running water or                                                               
sewer  in  a  community,  the washeteria  becomes  a  center  for                                                               
washing clothes, washing oneself, and obtaining water.                                                                          
                                                                                                                                
8:35:56 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   MARY   KAPSNER,    Alaska   State   Legislature,                                                               
interjected that many  small communities run the  local water and                                                               
sewer  plant   to  which   the  washeteria/laundromat   is  often                                                               
attached.   Many  communities, she  related, believe  washeterias                                                               
fall  under the  realm of  public health.   For  instance, before                                                               
there were  washeterias it would  have been almost  impossible to                                                               
stop a lice outbreak.   She explained that traditionally [many of                                                               
these small  rural communities]  had steam  baths, but  now, with                                                               
more  antibiotics   being  prescribed,  bacteria  that   is  more                                                               
difficult to  kill is surfacing.   For example, steam  bath boils                                                               
are being  transmitted and  the steam  bath has  to be  burned to                                                               
eliminate the bacteria.  Therefore,  the washeterias are becoming                                                               
more important [in these small rural communities].                                                                              
                                                                                                                                
8:37:36 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  THOMAS related  that  he lives  in  a community  that's                                                               
economically  depressed.   He  related  that  three of  his  five                                                               
children  have  left  Alaska  because  of the  lack  of  jobs  in                                                               
Southeast.  Although  people strive to obtain  an education, that                                                               
education can't be  used in [the small rural  community] and thus                                                               
those individuals migrate.                                                                                                      
                                                                                                                                
MR.  RITCHIE noted  that  in many  Southeast  communities when  a                                                               
major  industry  closes,  the  community  struggles  to  recreate                                                               
itself.  However,  when the initial wave of  residents leave [due                                                               
to the closure  of a major industry]  the infrastructure remains,                                                               
which  results   in  higher  taxes   or  lower  services.     The                                                               
aforementioned  could  cause others,  who  don't  really want  to                                                               
leave, to do  so.  Therefore, the elimination  of revenue sharing                                                               
and avoidance  of the Public Employees'  Retirement System (PERS)                                                               
and Teachers'  Retirement System  (TRS) issue  pushes communities                                                               
down further.                                                                                                                   
                                                                                                                                
8:40:10 AM                                                                                                                    
                                                                                                                                
CO-CHAIR THOMAS recalled  that when fishing was  the hot industry                                                               
and  fishing  prices dipped,  people  [in  small rural  villages]                                                               
turned to logging, which also ultimately faced a downturn.                                                                      
                                                                                                                                
8:41:06 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SALMON  pointed out that  HB 28 is similar  to [HB
49].   As  funds are  taken  away from  these small  communities,                                                               
people  have to  move  to the  urban areas.    The villages  that                                                               
really  need  funds aren't  even  on  the  list included  in  the                                                               
committee packet.   Tribal communities are still  part of Alaska,                                                               
he emphasized.   He further emphasized  the need to look  at this                                                               
problem  [throughout] the  whole  of Alaska  because the  smaller                                                               
communities are part  of [Alaska's economic] formula.   He echoed                                                               
earlier   testimony  regarding   the  fact   that  resource-based                                                               
industries, such as fish, timber, and fur, are diminishing.                                                                     
                                                                                                                                
8:44:03 AM                                                                                                                    
                                                                                                                                
KATHIE   WASSERMAN,  Alaska   Municipal   League,  recalled   her                                                               
experience as  mayor the of  one of these small  communities, and                                                               
opined  how   it's  virtually  impossible  to   operate  a  small                                                               
community.  She related the  diminished services that Pelican has                                                               
experienced  and  the  difficulty  in  taking  care  of  a  small                                                               
community to which no money  is entering.  Although every entity,                                                               
small community, and  state may not operate wisely  all the time,                                                               
it doesn't mean it should be  cut.  With regard to the governor's                                                               
recent comments  at the Southeast  Alaska Conference at  which he                                                               
related that  life is good  in Alaska, Ms. Wasserman  opined that                                                               
[the  aforementioned view]  is  all about  one's  location.   She                                                               
questioned what business  will want to enter  a community without                                                               
[basic] services.  These communities,  she opined, need the tools                                                               
to build themselves back up to viable communities.                                                                              
                                                                                                                                
8:47:27 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  THOMAS remarked  that  he didn't  like revenue  sharing                                                               
legislation  because such  legislation doesn't  provide funds  to                                                               
the  unorganized  municipalities.   He  estimated  that about  80                                                               
percent  of  Alaska's  wealth  is from  the  oil  royalties  from                                                               
outside  the  urban areas.    Furthermore,  the impacts  of  [the                                                               
industries producing  those royalties]  are felt in  those [rural                                                               
areas].    He characterized  the oil  industry and the  wealth it                                                               
brings as an asset that all  Alaskans should share.  He concluded                                                               
by echoing  Representative Salmon's comment that  the unorganized                                                               
municipalities should receive their share.                                                                                      
                                                                                                                                
8:49:05 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CISSNA asked  if  the sponsor  has thought  about                                                               
ways to expand the impacted population.                                                                                         
                                                                                                                                
MR. BERG  said that subject has  come up.  Mr.  Berg related that                                                               
Representative  Moses is  open to  amendments that  would include                                                               
unincorporated areas.  However,  the legislature has [encouraged]                                                               
the organization  of communities.  Therefore,  the unincorporated                                                               
areas aren't  included in this legislation  because [the sponsor]                                                               
believes it's important to get  these communities help.  Whatever                                                               
[legislation  helping  communities]  can   make  it  through  the                                                               
legislature  is  what  the  sponsor  desires,  he  related.    If                                                               
including  unincorporated areas  kills the  legislation, then  no                                                               
one would be helped.                                                                                                            
                                                                                                                                
8:50:56 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  THOMAS recalled  that under  the old  municipal revenue                                                               
sharing, everyone shared the funds.                                                                                             
                                                                                                                                
MR.  BERG  reiterated  that  the   sponsor  is  open  to  include                                                               
unorganized  areas so  long as  it's backed  by the  will of  the                                                               
legislature.                                                                                                                    
                                                                                                                                
CO-CHAIR  THOMAS  surmised  that  allowing the  funds  to  go  to                                                               
unorganized  areas  would dilute  the  total  allocation to  each                                                               
community.                                                                                                                      
                                                                                                                                
MR.  BERG  suggested  that  the   committee  could  increase  the                                                               
allocation.  He reiterated that the  desire is to provide as much                                                               
help as possible to as many communities as possible.                                                                            
                                                                                                                                
8:52:44 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SALMON pointed out that  out of the 95 villages in                                                               
District  6, 72  villages  are not  on list  of  those that  will                                                               
receive  funds under  HB 28.   Therefore,  he questioned  what to                                                               
tell those villages.  He opined  that he would rather not see any                                                               
money  go  out  [to  any  area],  if  those  72  villages  aren't                                                               
included.                                                                                                                       
                                                                                                                                
MR. BERG reiterated that the sponsor  is open to amendments to HB
28.   The  desire  is  to provide  help  to  all the  communities                                                               
[possible], but the  sponsor wants to have  legislation that will                                                               
pass  through  both bodies.    He  also  reiterated that  if  the                                                               
political will is there to take  care of the unorganized areas as                                                               
well, the sponsor is supportive of that.                                                                                        
                                                                                                                                
8:55:04 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CISSNA interjected  that [the  state/legislature]                                                               
has  eliminated help  to communities  in many  other ways  beyond                                                               
revenue  sharing.   If [the  legislature] doesn't  act soon,  she                                                               
opined  that  the  nature  of Alaska  will  change.    Therefore,                                                               
Representative  Cissna  said  that  she would  like  to  see  the                                                               
committee do something with HB 28.                                                                                              
                                                                                                                                
8:56:01 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  OLSON  announced  that  the committee  would  not  take                                                               
action on HB 28 today.                                                                                                          
                                                                                                                                

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