Legislature(2007 - 2008)BARNES 124

05/11/2007 08:00 AM House COMMUNITY & REGIONAL AFFAIRS


Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 72 COMMUNITY REVENUE SHARING TELECONFERENCED
Moved HCS CSSB 72(CRA) Out of Committee
+ SB 131 NAMING PACILLO PARKING GARAGE TELECONFERENCED
Moved Out of Committee
SB  72-COMMUNITY REVENUE SHARING                                                                                              
                                                                                                                                
8:05:19 AM                                                                                                                    
                                                                                                                                
CO-CHAIR FAIRCLOUGH  announced that  the first order  of business                                                               
would be CS FOR SENATE BILL  NO. 72(FIN), "An Act relating to the                                                               
community  revenue   sharing  program;   and  providing   for  an                                                               
effective date."                                                                                                                
                                                                                                                                
8:06:03 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PAUL  SEATON, Alaska State  Legislature, explained                                                               
that  the  difference  between  CSSB  72(FIN)  and  the  proposed                                                               
committee substitute (CS), Version  25-LS0506\V, Cook, 5/9/07, is                                                               
that  Version  V  incorporates  HB 202  provisions  in  order  to                                                               
include unincorporated  communities within organized  boroughs in                                                               
the  formula.   By  including  unincorporated communities  within                                                               
organized boroughs in  the formula, a disincentive  that is built                                                               
into  the  program  is  eliminated.    Currently,  unincorporated                                                               
communities  in an  unorganized  borough  receive direct  revenue                                                               
sharing.   However,  if  those areas  incorporate  as a  borough,                                                               
those areas would lose that  direct revenue sharing.  [Version V]                                                               
equalizes  the  amount  unincorporated  communities  outside  the                                                               
borough and municipalities  receive.  Version V  also changes the                                                               
amount the  unorganized community  receives from  5 percent  to 7                                                               
percent, which  is necessary  for the  per capita  allocation and                                                               
provides  for the  30  communities  that will  be  included.   He                                                               
pointed out that it's also  necessary to increase the amount from                                                               
$48.1  million to  $49.1 million,  which increases  what all  the                                                               
municipalities  receive.   For instance,  Anchorage would  gain a                                                               
little over $177,000.                                                                                                           
                                                                                                                                
REPRESENTATIVE SEATON drew  attention to page 2, lines  5 and 22,                                                               
which  change  the  percent  of   revenue  sharing.    Version  V                                                               
[maintains] the  amount of [the  community revenue  sharing fund]                                                               
at  $50  million  or  3   percent  from  the  state's  resources,                                                               
whichever  is less.   On  page 2,  line 20,  there's a  technical                                                               
change  in   which  the  term  "subsection"   replaces  the  term                                                               
"paragraph" so that  the cap is at $50,000 as  proposed.  On page                                                               
5,  lines 4-6,  language allowing  unincorporated communities  in                                                               
organized boroughs to qualify for  the revenue sharing payment is                                                               
included.    The change  on  page  5,  line  2, merely  adds  the                                                               
following  conforming  language:   "located  in  the  unorganized                                                               
borough".    The language  on  page  5,  lines 16-31,  inserts  a                                                               
provision  that requires  that in  order  for a  community in  an                                                               
organized borough to be eligible  for the payment, at least three                                                               
of the listed services must be provided.   On page 6, line 6, the                                                               
term  "unincorporated community"  was  added in  order to  ensure                                                               
that  the  populations  of   unincorporated  communities  in  the                                                               
organized borough aren't  counted double with the  per capita for                                                               
the  boroughs.     Representative   Seaton  explained   that  the                                                               
population  of the  municipality is  subtracted from  the borough                                                               
population  so  that  there's  no   double  dipping.    The  [new                                                               
provision]  ensures that  the  population  of the  unincorporated                                                               
communities wouldn't  be included in the  borough population and,                                                               
again avoid any double dipping.   Page 6, lines 15-17, expand the                                                               
definition  of unincorporated  community.   He  also pointed  out                                                               
that the  fiscal note has  increased from $48.1 million  to $49.1                                                               
million.                                                                                                                        
                                                                                                                                
8:12:56 AM                                                                                                                    
                                                                                                                                
CO-CHAIR LEDOUX moved to adopt  HCS CSSB 72, Version 25-LS0506\V,                                                               
Cook,  5/9/07,  as   the  working  document.     There  being  no                                                               
objection, Version V was before the committee.                                                                                  
                                                                                                                                
8:13:24 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN,  referring to page 5,  lines 1-4, inquired                                                               
as to the criteria used.                                                                                                        
                                                                                                                                
REPRESENTATIVE SEATON  answered that  it's the same  criteria the                                                               
Department  of   Commerce,  Community,  &   Economic  Development                                                               
(DCCED) has used in the past for revenue sharing.                                                                               
                                                                                                                                
REPRESENTATIVE  NEUMAN explained  that  he asks  because he  felt                                                               
that  there would  be  a  squabble over  that,  and therefore  he                                                               
requested the definition of the criteria.                                                                                       
                                                                                                                                
8:15:02 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   SALMON  inquired   as  to   the  difference   in                                                               
unincorporated  communities as  in  HB 202  versus  HCS CSSB  72,                                                               
Version V.                                                                                                                      
                                                                                                                                
REPRESENTATIVE SEATON  responded that  there's no  difference for                                                               
those   in  the   unorganized  borough   as  the   definition  of                                                               
unincorporated communities  remains the same as  was specified in                                                               
HB  202.   The  definition  was that  a  community  [in order  to                                                               
qualify] has  to provide three  of the essential  services listed                                                               
and  do so  independent  of  borough funding.    That test  isn't                                                               
present  for  those  unincorporated   communities  outside  of  a                                                               
borough.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  SALMON  inquired as  to  the  difference in  [the                                                               
definition of] unincorporated community  between CSSB 72(FIN) and                                                               
Version V.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  SEATON  explained  that  the  allocation  formula                                                               
[under  Version   V]  was   increased  to   7  percent   for  all                                                               
unincorporated  communities,  which  includes  30  unincorporated                                                               
communities that  are in the  borough such  as Tyonek.   Under SB
72, Tyonek wouldn't  receive any funding.   However, Tyonek would                                                               
receive funding  under Version  V because  it provides  [at least                                                               
three] of the services specified in Version V.                                                                                  
                                                                                                                                
REPRESENTATIVE  SALMON  inquired  as   to  what  happens  to  the                                                               
allocation  to  the borough  when  [communities  such as  Tyonek]                                                               
receive funding.                                                                                                                
                                                                                                                                
REPRESENTATIVE  SEATON  specified  that   there's  a  per  capita                                                               
distribution  as  well  as  a $25,000  base  distribution  to  an                                                               
unincorporated  community.   He  explained  that  the per  capita                                                               
distribution is subtracted from the  allocation to the borough in                                                               
order to avoid counting the population twice.                                                                                   
                                                                                                                                
8:18:18 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SALMON questioned what  happens to the money given                                                               
to the unincorporated area since  villages and boroughs are being                                                               
given extra money.                                                                                                              
                                                                                                                                
REPRESENTATIVE SEATON explained that it's  why the $1 million was                                                               
added to the  fiscal note and the revenue  sharing percentage for                                                               
unincorporated  communities was  changed from  5-7 percent.   The                                                               
aforementioned  results  in  fully funding  [the  newly  included                                                               
unincorporated areas]  without changing the  other unincorporated                                                               
areas  while  providing  a  bit  of  additional  funding  to  the                                                               
municipality.                                                                                                                   
                                                                                                                                
8:20:03 AM                                                                                                                    
                                                                                                                                
JEROME SELBY,  Mayor, Kodiak Island Borough,  related support for                                                               
Version  V.   He informed  the committee  that an  unincorporated                                                               
village  is located  in the  Kodiak Island  Borough.   The Kodiak                                                               
Island  Borough will  take  a  reduction of  a  little less  than                                                               
$2,000 in order  for that village to receive  $27,000 [in revenue                                                               
sharing], which  the borough views  as a  good change.   He urged                                                               
the  committee  to adopt  Version  V  because the  unincorporated                                                               
communities  inside organized  areas should  be treated  the same                                                               
way in which  those outside the organized areas are  treated.  He                                                               
opined  that   this  legislation  will   be  a  huge   factor  in                                                               
communities remaining viable.                                                                                                   
                                                                                                                                
8:22:11 AM                                                                                                                    
                                                                                                                                
JOHN STEIN,  Municipal Administrator, City and  Borough of Sitka,                                                               
related  Sitka's support  for [Version  V] and  community revenue                                                               
sharing,  which  is important  to  all  regions  of Alaska.    He                                                               
highlighted  that many  communities, such  as those  in Southeast                                                               
Alaska,  aren't   in  direct  contact   with  the   oil  economy.                                                               
Therefore, the  opportunity to  share in  the state's  revenue is                                                               
very important,  he opined.   Having funds coming from  the state                                                               
will be very  helpful in helping communities  maintain the myriad                                                               
of services  communities provide.  This  bill will go a  long way                                                               
to support  the aforementioned,  and therefore he  encouraged the                                                               
committee to pass [Version V].                                                                                                  
                                                                                                                                
8:24:09 AM                                                                                                                    
                                                                                                                                
JEFF  JABUSCH,  Finance  Director,   City  of  Wrangell,  related                                                               
Wrangell's support  of Version V.   He pointed out  that Wrangell                                                               
is  a  depressed  economy,  and  noted  that  he  has  faxed  the                                                               
committee documentation  outlining some of the  problems Wrangell                                                               
faces  in  trying  to  balance   its  budget  and  provide  basic                                                               
services.   Mr.  Jabusch  opined that  Wrangell  feels that  it's                                                               
doing  its part  to maintain  services  for the  community.   The                                                               
revenue  sharing  program would  help  Wrangell.   He  noted  his                                                               
appreciation  for all  the work  the state  and others  have done                                                               
with revenue  sharing.  He  concluded by urging the  committee to                                                               
pass [Version V].                                                                                                               
                                                                                                                                
8:26:02 AM                                                                                                                    
                                                                                                                                
TAMMIE WILSON encouraged passage of  SB 72, and thanked all those                                                               
who worked on the legislation.                                                                                                  
                                                                                                                                
8:26:43 AM                                                                                                                    
                                                                                                                                
JEFF  CURRIER,  Manager, Lake  and  Peninsula  Borough, began  by                                                               
informing the committee that he has  been in Alaska for almost 30                                                               
years and  has observed  the change that  has occurred  since the                                                               
disappearance  of revenue  sharing.   He  said that  he has  also                                                               
observed villages in  the Lake and Peninsula  Borough struggle to                                                               
continue to provide services to  residents that no one else would                                                               
provide.   Mr. Currier  related hat  he is  in strong  support of                                                               
this  legislation, which  is extremely  important as  these funds                                                               
will  make a  tremendous difference  in villages.   He  commented                                                               
that  he hopes  that once  this legislation  passes, it  stays in                                                               
place for a  number of years in order for  villages to be healthy                                                               
again.                                                                                                                          
                                                                                                                                
8:28:21 AM                                                                                                                    
                                                                                                                                
KATHY  WASSERMAN, Alaska  Municipal League,  urged passage  of SB
72.  Ms.  Wasserman pointed out that the  Alaska Municipal League                                                               
(AML)  advocates  for  healthy  communities  in  the  state,  and                                                               
therefore AML supports anything that helps to achieve that.                                                                     
                                                                                                                                
8:29:43 AM                                                                                                                    
                                                                                                                                
DAN  SALMON, Community  Administrator,  Igiugig Village  Council;                                                               
Member, Lake  and Peninsula Borough Assembly,  related his strong                                                               
support  for the  changes [encompassed  in Version  V].   He then                                                               
reviewed the  services provided by  the borough and the  need for                                                               
funds.  Mr.  Salmon opined that most of the  20 or so communities                                                               
impacted by  this legislation are  apathetic and don't  even know                                                               
about SB  72.  Furthermore,  AML doesn't  lobby on behalf  of the                                                               
unincorporated  communities.   In closing,  Mr. Salmon  commended                                                               
the efforts and related his  strong support for the inclusion [of                                                               
unincorporated communities in Version V].                                                                                       
                                                                                                                                
8:32:53 AM                                                                                                                    
                                                                                                                                
CO-CHAIR   FAIRCLOUGH  related   that  the   language  [including                                                               
unincorporated communities] was inserted  by Co-Chair LeDoux with                                                               
the help of Representatives Edgmon  and Seaton.  Upon determining                                                               
no one else wished to testify, she closed public testimony.                                                                     
                                                                                                                                
8:34:21 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  LEDOUX  moved  to  report  HCS  CSSB  72,  Version  25-                                                               
LS0506\V,  Cook,   5/9/07,  out  of  committee   with  individual                                                               
recommendations and the accompanying fiscal notes.                                                                              
                                                                                                                                
CO-CHAIR FAIRCLOUGH objected for purposes of discussion.                                                                        
                                                                                                                                
REPRESENTATIVE SEATON  clarified that there  is no effect  in the                                                               
base amount  to unincorporated communities  while the  per capita                                                               
amount is about $6 less than municipalities.                                                                                    
                                                                                                                                
8:35:13 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DAHLSTROM surmised  then  that there's  a $6  per                                                               
person impact on those [outside of the unincorporated areas].                                                                   
                                                                                                                                
REPRESENTATIVE SEATON replied yes.                                                                                              
                                                                                                                                
8:35:45 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NEUMAN  opined  that  the  state  has  been  very                                                               
generous  in   sharing  its  revenue,   even  for   totem  poles.                                                               
Therefore, he  suggested that  if legislators  can find  funds to                                                               
fund totem poles  and other such projects, those  funds should be                                                               
used to fund  more useful services such as those  specified in SB
72.  Representative  Neuman related his belief  that the citizens                                                               
in his district are more  appreciative of receiving funds through                                                               
capital improvement projects.   Representative Neuman highlighted                                                               
that the  state will be  in a deficit  situation in the  next few                                                               
years.                                                                                                                          
                                                                                                                                
8:38:20 AM                                                                                                                    
                                                                                                                                
CO-CHAIR FAIRCLOUGH  recalled that  there was a  question earlier                                                               
regarding  the  language  on  page 5  about  who  determines  the                                                               
appropriate entity that will receive the funds.                                                                                 
                                                                                                                                
8:38:49 AM                                                                                                                    
                                                                                                                                
BILL  ROLFZEN, Municipal  Assistance,  National Forest  Receipts,                                                               
Fish  Tax, PILT,  Division of  Community Advocacy,  Department of                                                               
Commerce, Community,  & Economic Development, explained  that the                                                               
old  revenue  sharing  regulations specify  three  criteria  that                                                               
would determine  who is most  qualified within  an unincorporated                                                               
community.    Those  regulations  would be  transferred  to  this                                                               
program.   The criteria  reviews the proposed  use of  the funds,                                                               
the administrative  capability of  each entity,  and who  is most                                                               
representative of the community.   A questionnaire is sent out to                                                               
each  entity and  a  public  meeting is  held  in the  community.                                                               
After  the  aforementioned,  the  director [of  the  Division  of                                                               
Community Advocacy]  makes a determination  that can  be appealed                                                               
to the commissioner of DCCED.                                                                                                   
                                                                                                                                
REPRESENTATIVE NEUMAN opined that  if communities had funds, they                                                               
would be  better prepared  to distribute the  funds.   He further                                                               
opined that  he has  observed that  when communities  have funds,                                                               
they are able to provide more services.                                                                                         
                                                                                                                                
8:40:38 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CISSNA thanked all parties  who had a part in this                                                               
legislation.  Although she noted  her appreciation with regard to                                                               
Representative Neuman's  comments about  the amount of  funds the                                                               
state spends in  small communities, she noted that  she has found                                                               
that  oftentimes the  programs and  projects that  come to  local                                                               
communities come  with additional  costs for  which there  are no                                                               
funds.   This  legislation allows  communities to  make decisions                                                               
and prioritize  their funding, which  she opined is the  best way                                                               
to spend the state's dollars.                                                                                                   
                                                                                                                                
8:42:01 AM                                                                                                                    
                                                                                                                                
CO-CHAIR FAIRCLOUGH withdrew her objection.                                                                                     
                                                                                                                                
There being no  further objection, HCS CSSB  72(CRA) was reported                                                               
from   the  House   Community  and   Regional  Affairs   Standing                                                               
Committee.                                                                                                                      
                                                                                                                                
The committee took an at-ease from 8:42 a.m. to 8:45 a.m.                                                                       
                                                                                                                                

Document Name Date/Time Subjects