Legislature(2011 - 2012)BARNES 124

02/09/2012 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 184 REFUND OF FISH BUSINESS TAX TO MUNIS TELECONFERENCED
Moved CSHB 184(CRA) Out of Committee
*+ HB 305 MUNI. PROP.TAX EXEMPTION: RELIGIOUS ORGS. TELECONFERENCED
Heard & Held
        HB 305-MUNI. PROP.TAX EXEMPTION: RELIGIOUS ORGS.                                                                    
                                                                                                                                
8:37:19 AM                                                                                                                    
                                                                                                                                
CHAIR MUNOZ  announced that the  next order of business  would be                                                               
HOUSE BILL  NO. 305,  "An Act relating  to a  mandatory exemption                                                               
for certain residences owned by a religious organization."                                                                      
                                                                                                                                
8:37:29 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER,  speaking as the sponsor,  explained that                                                               
HB 305  seeks to correct  an error made in  2006 and return  to a                                                               
property tax system  in which all property  taxpayers are treated                                                               
equally.   The  legislation removes  the property  tax exemptions                                                               
for  teachers of  private religious  and  parochial schools  that                                                               
live in  church-owned housing.   The  legislation returns  to the                                                               
pre-2006  language  describing  a  "minister"  living  in  church                                                               
property that  is tax  exempt.  In  2006, the  legislature passed                                                               
House  Bill 334,  which broadened  the  definition of  "religious                                                               
property" by  adding a mandatory  exemption for the  residence of                                                               
an  educator   in  a  private  religious   or  parochial  school.                                                               
Furthermore,   House  Bill   334  expanded   the  definition   of                                                               
"minister" to include  "those individuals ordained, commissioned,                                                               
or  licensed as  a minister  according  to the  standards of  the                                                               
religious organization for  its ministers".  House  Bill 334 also                                                               
required  that  the  ministers   be  employed  by  the  religious                                                               
organization  to carry  out the  ministry  of that  organization.                                                               
Representative Gardner specified that  the problem with mandatory                                                               
tax exemption reductions,  such as those for  senior citizens and                                                               
veterans, is that they enjoy  broad public support, although they                                                               
are  unfunded  mandates.    However,  the  2006  legislation  was                                                               
controversial with  the public because it  gave special treatment                                                               
to some  individuals, religious educators,  and was  perceived as                                                               
unfair  to  other  educators  and   all  other  taxpayers.    The                                                               
definition of  "minister" in [House  Bill 334] was  expanded such                                                               
that it  was difficult  for municipal tax  officials to  know who                                                               
qualifies.    In  conclusion, Representative  Gardner  reiterated                                                               
that  the  existing law  is  an  unfunded  mandate borne  by  all                                                               
taxpayers.                                                                                                                      
                                                                                                                                
8:39:56 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   LINDSEY   HOLMES,  Alaska   State   Legislature,                                                               
speaking  as  a co-sponsor  of  HB  305,  explained that  HB  305                                                               
eliminates  the religious  teacher housing  as well  as the  2006                                                               
definition of  "minister" that allowed  [religious] organizations                                                               
to  define  "minister."   The  legislation  before the  committee                                                               
today, HB  305, returns the  definition of "minister" to  what it                                                               
was prior to  2006 and removes the requirement  that the minister                                                               
be employed by the church  as a religious leader.  Representative                                                               
Holmes  pointed out  that the  basis for  this discussion  can be                                                               
found in Article  9, Section 4 of the  Alaska State Constitution,                                                               
which  identifies  "properties  that  are  used  exclusively  for                                                               
nonprofit religious  purposes as  being exempt from  taxation, as                                                               
defined by  law".  The language  "as defined by law"  is what the                                                               
legislature specifies.   The proposed legislation  doesn't change                                                               
or  undermine the  long-standing support  for tax  exemptions for                                                               
homes  of  religious  leaders,  such as  those  residences  of  a                                                               
bishop, pastor, rabbi, priest, minister,  or religious order of a                                                               
recognized religious organization.   The proposed legislation, HB
305, maintains  the exemption regarding other  religious property                                                               
tax  exemptions, such  as  exemptions  for churches,  synagogues,                                                               
religious  educational facilities,  and  other  property that  is                                                               
used exclusively  for religious purposes.   Representative Holmes                                                               
related that  Legislative Research was  only able to  locate five                                                               
properties  in  Anchorage  and  five  properties  in  Kenai  that                                                               
specifically used the religious  educator exemption.  Legislative                                                               
Research   didn't  have   numbers,   but   estimated  that   [the                                                               
exemptions] amount to about $25,000 a  year.  Although it isn't a                                                               
lot of  money, the issue is  fairness to other taxpayers  who are                                                               
required to  "pick up the  slack."   Furthermore, by making  it a                                                               
mandatory exemption  [in House Bill 334],  the legislature passed                                                               
on an unfunded mandate to communities.                                                                                          
                                                                                                                                
8:44:03 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER informed  the committee  that HB  305 has                                                               
generated waves of public support  since the Anchorage Daily News                                                             
article.  She  noted that the committee packet  contains about 80                                                               
emails in support of HB 305  and the Anchorage Daily News article                                                             
generated, on last count, about  300 comments of which 98 percent                                                               
were in support  of changing the law  as proposed by HB  305.  In                                                               
conclusion,  HB  305  rights  a wrong  enacted  in  2006  without                                                               
interfering with the  broad support for tax  exemptions for homes                                                               
of  religious officials  and  it's a  measure  to restore  public                                                               
trust  in   the  legislative   process  by   eliminating  special                                                               
treatment.                                                                                                                      
                                                                                                                                
8:46:52 AM                                                                                                                    
                                                                                                                                
DEBBIE  OSSIANDER, Member,  Anchorage  Assembly, Municipality  of                                                               
Anchorage, began  by informing  the committee  that she  has been                                                               
active in local government in Anchorage  for about 20 years.  She                                                               
related that  in the  last three years  serving on  the Anchorage                                                               
Assembly she  has spent much  of her time explaining  mill levies                                                               
and property  assessments.  Anchorage has  attempted to diversify                                                               
its tax base  so it's not so heavily on  local property taxpayers                                                               
but  rather  is  spread  throughout  the  community.    Moreover,                                                               
Anchorage has  tried to ensure  openness and explain  to citizens                                                               
how  their  taxes  are  collected  fairly  and  equitably.    The                                                               
[Anchorage  Assembly] has  created a  process by  which residents                                                               
can appeal  their taxes  for free and  has established  a citizen                                                               
board that  talks to those  in the community regarding  taxes and                                                               
appeals.  Often,  [the Anchorage Assembly] has to say  no to good                                                               
and worthwhile  efforts in  order to avoid  harming those  in the                                                               
community  who are  struggling to  pay the  taxes they  have now.                                                               
Ms.  Ossiander  encouraged  the  committee to  be  as  clear  and                                                               
concise as  it can with  the language it  uses.  She  related her                                                               
personal belief that  it's appropriate to give  tax exemptions to                                                               
churches and to nonprofits, but  it's critical for everyone to be                                                               
able to understand the language and its meaning.                                                                                
                                                                                                                                
8:50:26 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   CISSNA   highlighted    that   the   money   the                                                               
municipalities  have  don't  spread  as  far  as  desired.    She                                                               
informed  the committee  that she  has qualified  for the  senior                                                               
property tax  exemption the last  four years, but has  chosen not                                                               
to  take the  exemption.     She  opined that  when  one has  the                                                               
ability to pay  the tax it's the honorable  and responsible thing                                                               
to do.  This legislation fixes what she felt was unfair.                                                                        
                                                                                                                                
8:52:58 AM                                                                                                                    
                                                                                                                                
CHAIR MUNOZ inquired as to the mill rate in Anchorage.                                                                          
                                                                                                                                
MS.  OSSIANDER answered  that it  depends upon  where one  lives.                                                               
Anchorage  is  divided  into  districts  and  residents  pay  for                                                               
services  depending upon  where  they  live in  a  district.   In                                                               
further response  to Chair Munoz,  Ms. Ossiander said  she didn't                                                               
know the mill rate for the area  that would be impacted by HB 305                                                               
or the financial impact to the municipality.                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER  interjected  that since  the  properties                                                               
[now  receiving  the exemption]  haven't  been  assessed in  many                                                               
years, there's no way to know  exactly.  However, the estimate is                                                               
about $15,000 to Anchorage and $9,000  to Kenai.  Although it's a                                                               
relatively  small financial  impact, the  existence "poisons  the                                                               
well"   for  everyone   and  creates   a  tremendous   amount  of                                                               
resentment.                                                                                                                     
                                                                                                                                
8:54:55 AM                                                                                                                    
                                                                                                                                
CHAIR MUNOZ  requested that the  state assessor speak to  the law                                                               
as  it  relates to  501(c)(3)  organizations  and the  status  of                                                               
municipalities granting  exemptions to those organizations.   She                                                               
asked if the state law  offers the opportunity for exemptions for                                                               
501(c)(3) organizations.                                                                                                        
                                                                                                                                
8:55:05 AM                                                                                                                    
                                                                                                                                
STEVE VAN  SANT, State Assessor,  Division Programs,  Division of                                                               
Community  and  Regional  Affairs,  clarified  that  there  is  a                                                               
charitable  exemption,  the  criteria   for  which  is  that  the                                                               
organization  has  to  be  a   nonprofit  which  is  typically  a                                                               
501(c)(3),  501(c)(8),  or 501(c)(9).    In  further response  to                                                               
Chair Munoz, Mr.  Van Sant confirmed that  typically churches are                                                               
501(c)(3)  nonprofits.   The charitable  exemption that  is found                                                               
under AS 29.45.030 is mandatory.                                                                                                
                                                                                                                                
8:56:06 AM                                                                                                                    
                                                                                                                                
CHAIR MUNOZ questioned then whether  the organization in question                                                               
could  still  receive  the  exemption  under  the  aforementioned                                                               
charitable exemption, if this is repealed.                                                                                      
                                                                                                                                
MR.  VAN  SANT  stated  that teacher  housing  probably  wouldn't                                                               
qualify for  a charitable exemption,  which is why it  was placed                                                               
under the religious exemptions statute.                                                                                         
                                                                                                                                
8:57:10 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER  informed  the   committee  that  SB  183                                                               
proposes  to provide  a property  tax exemption  for the  primary                                                               
residence  of a  widow/widower  of a  person  killed in  military                                                               
service.  The language used by  SB 183 to grant the exemption, "A                                                               
municipality  may by  ordinance  approved by  the voters",  seems                                                               
more reasonable.   Representative Gardner said  that although she                                                               
considered  doing something  similar for  the teacher  exemption,                                                               
she  felt   it  didn't  get   to  the  "heart  of   the  matter."                                                               
Furthermore,  she  said she  didn't  believe  it would  have  the                                                               
support of voters in Anchorage.                                                                                                 
                                                                                                                                
8:58:13 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER asked if  although the sponsor didn't hold                                                               
a  press conference  regarding the  introduction of  HB 305,  she                                                               
referenced it in her newsletter.                                                                                                
                                                                                                                                
REPRESENTATIVE GARDNER replied yes.                                                                                             
                                                                                                                                
REPRESENTATIVE  HOLMES  informed  the committee  that  she,  too,                                                               
referenced HB 305 in her newsletter.                                                                                            
                                                                                                                                
REPRESENTATIVE  SADDLER  expressed  concern  about  some  of  the                                                               
rhetoric surrounding this legislation,  adding that he even found                                                               
some of it  offensive.  He opined that it's  possible to disagree                                                               
on issues without  being disagreeable and thus  he expressed hope                                                               
that the  discussion could  be maintained  at a  high level.   He                                                               
noted  that he  has concerns  and  has heard  concerns about  the                                                               
property  tax   exemption  from   his  city  council   member  in                                                               
Anchorage.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  HOLMES  offered to  share  her  newsletter.   She                                                               
stressed that it  wasn't a tactic or intention of  the sponsor to                                                               
[elicit  such  rhetoric].   Furthermore,  the  legislation  isn't                                                               
targeted at any  particular entity, rather it's  targeted at what                                                               
is perceived as  a largely unpopular measure by the  public.  The                                                               
legislation, she related,  is not intended to be  partisan in any                                                               
way.    There  are  many  in the  community  that  believe  their                                                               
property  taxes are  increasing  while other  entities are  being                                                               
given  exemptions; because  this was  a mandatory  exemption, the                                                               
legislation is aimed at that.   Representative Holmes agreed with                                                               
Representative Saddler  and said that  she didn't want  the issue                                                               
to turn into firestorm; however,  she reminded the committee that                                                               
letters are received from a broad  variety of people and they say                                                               
what they say.                                                                                                                  
                                                                                                                                
REPRESENTATIVE  GARDNER   told  the   committee  that   when  she                                                               
initially embarked on  this, she had no idea  how many properties                                                               
and  exemptions were  being claimed  under  the statute.   As  it                                                               
turned out, all  the exemptions were affiliated  with one church.                                                               
She acknowledged  that when that  information came to  light, she                                                               
realized that it  would look as if she was  targeting one entity.                                                               
However, that was not the intention.   In fact, she recalled that                                                               
in  2006  when  the  original legislation  was  enacted,  it  was                                                               
anticipated  that other  schools  would avail  themselves of  the                                                               
exemption.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  SADDLER, speaking  to the  public, expressed  the                                                               
importance of maintaining civility on issues like this.                                                                         
                                                                                                                                
REPRESENTATIVE GARDNER stated her agreement.                                                                                    
                                                                                                                                
9:02:55 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DICK related  his appreciation  for the  focus on                                                               
fairness.    He  posed  a  scenario  in  which  [private  school]                                                               
teachers  were made  to  pay  more property  taxes.    In such  a                                                               
situation,  he opined  that many  private  school teachers  would                                                               
have to be  paid more since they are often  paid less than public                                                               
school teachers.   In order for  the schools to pay  the teachers                                                               
more, the  parents of the  students in the private  schools would                                                               
have  to  pay  more.    He  then  told  the  committee  that  his                                                               
grandchildren attend the Christian school  in Kenai.  The parents                                                               
of his  grandchildren had  to pay for  school twice  because they                                                               
had to  pay property taxes  and pay for  the cost of  the school.                                                               
He  related  that  his  daughter  paid  $4,500  a  year  for  the                                                               
education of  his grandson, whereas  public schools  pay $15,000-                                                               
$20,000  per  student.    In terms  of  fairness,  he  questioned                                                               
whether parents of students in  private school should have to pay                                                               
property tax for schools their  children don't attend and pay for                                                               
private school.                                                                                                                 
                                                                                                                                
REPRESENTATIVE  DICK  then  related his  understanding  that  the                                                               
separation  of church  and  state ensures  that  the state  won't                                                               
dictate  how  churches  operate.   However,  that  separation  of                                                               
church and  state has been  construed to prohibit  any discussion                                                               
of church in  school or at any given state  function.  Therefore,                                                               
many  have  separated themselves  from  the  public system.    He                                                               
opined that if one person's  belief system is called religion, it                                                               
has no place  in state-funded operations whereas  a belief system                                                               
referred to  as a  philosophy can  be endorsed.   By  default, he                                                               
stressed  that the  religion  of the  public  schools is  secular                                                               
humanistic  atheism because  nothing  religious can  be named  in                                                               
public schools.   The aforementioned,  he suggested, is  why many                                                               
choose   not  to   send  their   children   to  public   schools.                                                               
Representative Dick then related  that his granddaughter attended                                                               
Alaska  Christian College  where  most of  the  teachers she  had                                                               
weren't paid by the college.   Those teachers travel to the Lower                                                               
48 in  the summer to obtain  enough funds to teach  at the Alaska                                                               
Christian  College for  free.   He opined  that Alaska  Christian                                                               
College  is doing  a  fantastic service  on a  shoe  string.   He                                                               
further opined that  if teachers at Alaska  Christian College had                                                               
to pay property  taxes, they would have to solicit  more funds to                                                               
be  able to  continue  to  teach at  the  college.   In  closing,                                                               
Representative Dick opined that the issue is one of fairness.                                                                   
                                                                                                                                
9:07:34 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CISSNA  opined that  HB 305 actually  specifies to                                                               
communities what is  in state law and provides  boundaries.  With                                                               
regard to unfunded mandates, allowing  communities to decide what                                                               
they will  and will not do  seems to be appropriate,  she further                                                               
opined.  She expressed  the need to keep to the  law of the state                                                               
and leave campaigning out of the conversation.                                                                                  
                                                                                                                                
9:09:19 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER  stated she knows,  for a fact,  there are                                                               
many deeply religious teachers in  public schools who represent a                                                               
wide  variety  of  faiths  and  who  would  be  offended  by  the                                                               
characterization  that  [the  religion   of]  public  schools  is                                                               
[secular  humanistic  atheism].     Representative  Gardner  then                                                               
clarified  that she  is not  hostile  to religious  schools.   In                                                               
fact,  her son  attended a  Catholic  college and  she began  her                                                               
academic  career in  a Catholic  school and  three years  of high                                                               
school in  an Anglican  school that was  founded by  the Orphaned                                                               
Daughters  of  the English  Clergy.    She  opined that  she  had                                                               
wonderful  experiences and  education in  those schools,  but her                                                               
parents weren't asking other taxpayers  to subsidize their choice                                                               
to  place her  in  a religious  school.   Representative  Gardner                                                               
emphasized that it  is appropriate for people  to choose whatever                                                               
type of education they believe  is appropriate for their children                                                               
and  she supports  that.   However, she  said she  didn't believe                                                               
it's  appropriate  for  all  the  taxpayers  in  a  community  to                                                               
subsidize  that  parental  choice,  which  is  what  a  mandatory                                                               
exemption for teaching housing does.                                                                                            
                                                                                                                                
9:11:26 AM                                                                                                                    
                                                                                                                                
KATHIE  WASSERMAN, Executive  Director, Alaska  Municipal League,                                                               
informed  the committee  that the  Alaska Municipal  League (AML)                                                               
has  always opposed  mandatory  property tax  exemptions.   As  a                                                               
rule,  AML doesn't  believe  the state,  which  doesn't have  any                                                               
taxing  authority, should  mandate what  property tax  exemptions                                                               
should  be  given  by  the municipalities.    When  the  existing                                                               
exemption passed  in 2006,  it seemed  to open  the door  to more                                                               
[property  tax exemptions].    More exemptions  place  more of  a                                                               
burden  on less  people.    Therefore, AML  is  in opposition  to                                                               
mandatory property tax exemptions and  is in strong support of HB
305.                                                                                                                            
                                                                                                                                
9:13:00 AM                                                                                                                    
                                                                                                                                
CHAIR  MUNOZ announced  that public  testimony would  remain open                                                               
and HB 305 would be held over.                                                                                                  

Document Name Date/Time Subjects
HB305 2006 statutes.pdf HCRA 2/9/2012 8:00:00 AM
HB 305
HB305 Leg research memo.pdf HCRA 2/9/2012 8:00:00 AM
HB 305
HB305 Sponsor Statement.pdf HCRA 2/9/2012 8:00:00 AM
HB 305
HB305-Public comments sent to Rep Gardner.pdf HCRA 2/9/2012 8:00:00 AM
HB 305
HB305 Support-Repasky.msg HCRA 2/9/2012 8:00:00 AM
HB 305