Legislature(2015 - 2016)BARNES 124

03/24/2016 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 209 WATER AND SEWER ADVISORY COMMITTEE TELECONFERENCED
Moved CSHB 209(CRA) Out of Committee
-- Testimony <Invitation Only> --
*+ HB 370 MUNICIPAL TAX EXEMPTIONS TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
*+ HB 338 MUNI. PROPERTY TAX EXEMPTIONS TELECONFERENCED
Heard & Held
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
              HB 338-MUNI. PROPERTY TAX EXEMPTIONS                                                                          
                                                                                                                                
8:22:59 AM                                                                                                                    
                                                                                                                                
CHAIR TILTON announced that the  final order of business would be                                                               
HOUSE BILL  NO. 338, "An  Act relating to the  municipal property                                                               
tax exemption on  the residence of a senior,  a disabled veteran,                                                               
and  a widow  or widower  of a  senior or  disabled veteran;  and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
8:23:49 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HUGHES moved to adopt  the proposed CS for HB 338,                                                               
29-LS1335\P, Shutts, 3/23/16, as the working draft.                                                                             
                                                                                                                                
CHAIR TILTON objected for discussion.                                                                                           
                                                                                                                                
8:24:13 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON,  as  prime  sponsor,  presented  HB  338,                                                               
directing attention  to the committee packet  handout titled, "HB
338  Senior  Property  Tax  Exemption,   March  24,  2016,  House                                                               
Community & Regional  Affairs."  He explained that,  as result of                                                               
Alaska's large  budget deficit, municipalities  should anticipate                                                               
a  reduction  in  the previously  provided  state  receipts  from                                                               
community   revenue   sharing   and  subsidies,   placing   local                                                               
governments at risk.  To assist  cities and boroughs with a means                                                               
to address  these state cut  backs, a level of  flexibility needs                                                               
to   be  afforded.     Alaska's   communities   vary  widely   in                                                               
demographics,  needs  and  priorities,  he  explained,  and  it's                                                               
unfair  for  the  state  to  restrict,  without  compensation,  a                                                               
municipality's  ability and  choice on  how they  fund their  own                                                               
budget.  The current statute  places a state, unfunded mandate on                                                               
the  municipalities,   he  underscored,  as   municipalities  are                                                               
required  to  exempt  a  certain  amount  of  property  tax  from                                                               
valuation.     The  statutory  requirement  has   undergone  some                                                               
changes,  he  said,  and  summarized   a  brief  history  of  the                                                               
exemption,  paraphrasing from  page 3  of the  committee handout,                                                               
which read as follows [original punctuation provided]:                                                                          
                                                                                                                                
     1972:  property tax  exemption  of  the total  assessed                                                                    
     value of  real property provided to  low income seniors                                                                    
     whose gross  annual income was  $10,000 or  less; state                                                                    
     legislature    reimburses   municipalities    100%   of                                                                    
     mandatory property tax exemptions.                                                                                         
                                                                                                                                
     1973:   eliminated the income requirement  and extended                                                                    
     eligibility to all seniors.                                                                                                
                                                                                                                                
     1984-1985:   extended  exemption  to disabled  veterans                                                                    
     and  the  eligible  surviving spouses  of  seniors  and                                                                    
     disabled vets.                                                                                                             
                                                                                                                                
     1986:    tax  exemption  was  changed  from  the  total                                                                    
     assessed value  of real property to  the first $150,000                                                                    
     of the assessed  value of the real  property; allowed a                                                                    
     municipality  to exempt  beyond the  first $150,000  in                                                                    
     cases  of  hardship;  and  allowed  municipalities,  by                                                                    
     ordinance approved by voters,  to exempt the value that                                                                    
     exceeds  $150,000  for  all  groups.    *due  to  state                                                                    
     shortfall,  reimbursements  to municipalities  are  now                                                                    
     prorated at a lesser amount.                                                                                               
                                                                                                                                
     1997:     Legislature   cuts   all  reimbursements   to                                                                    
     municipalities for mandatory property tax exemptions.                                                                      
                                                                                                                                
     2008:    extends  the  exemption  either  partially  or                                                                    
     wholly  to a  surviving spouse  of a  member to  the US                                                                    
     forces  or  National  Guard who  dies  from  a  service                                                                    
     related injury.                                                                                                            
                                                                                                                                
8:27:02 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  turned  to  page  4  of  the  handout  to                                                               
elaborate on  the effect of  this exemption since  its inception,                                                               
including:  the  number of seniors, disabled vets  and widows who                                                               
applied for  and received  the benefit; the  total amount  of the                                                               
exempt taxes;  the total the state  reimbursed to municipalities;                                                               
and  the  total  shortfall  experienced by  municipalities.    He                                                               
highlighted  specific years  for review,  beginning in  1973 when                                                               
the exemption was applicable, and  pointed out that less than one                                                               
thousand  needs  based  seniors  applied  for  and  received  the                                                               
benefit.   The  state provided  full reimbursement  to compensate                                                               
the  municipal  budget  losses, totaling  $197,050.    Thus,  the                                                               
municipalities experienced no shortfalls  in their local budgets.                                                               
Continuing  to  1974,  he  said the  needs  based  qualifier  was                                                               
removed,  which  resulted   in  a  doubling  of   the  number  of                                                               
participants and  the amount of  the state  reimbursement tripled                                                               
to $631,891.   By 1980, the figure being reimbursed  by the state                                                               
was nearly $2 million and in  1985, when the benefit was extended                                                               
to disabled  veterans and surviving  spouses, the state  paid out                                                               
just  over  $4  million  to  fully  compensate  the  municipality                                                               
shortfalls.   The  state reconfigured  the  program structure  in                                                               
1986,  reducing  the  reimbursement   to  cover  only  the  first                                                               
$150,000  of  the  valued  property.    However,  the  number  of                                                               
participants continued to increase, and  by 1990 there were 8,557                                                               
applicants, at  a municipal  cost of $8.6  million, of  which the                                                               
state  reimbursed $2.5  million, and  consequently resulted  in a                                                               
shortfall  to the  municipalities of  just over  $6 million.   In                                                               
1997,   all  state   reimbursements   were   withdrawn  but   the                                                               
municipalities  continued, and  still  continue,  to provide  the                                                               
benefit to  an ever  increasing number of  applicants:   in 2000:                                                               
15,836;   2005:   21,044;   2010:  17,049   and   2015:   35,561.                                                               
Correspondingly,  the uncompensated  cost  to the  municipalities                                                               
has  climbed:    2000:   $26,694.955;  2005:  $39,849,375;  2010:                                                               
$49,749,270; and  2015: $66,223,849.   This  is the  problem that                                                               
we're looking  at, he said, as  far as a state  unfunded mandate.                                                               
He  directed attention  to  the  handout, page  5,  to provide  a                                                               
sampling  of   foregone  revenue   to  specific   locales,  which                                                               
included:    Anchorage  at   $26,053,943  million;  Fairbanks  at                                                               
$9,416,877;   Kenai    at   $5,092,557;    Matanuska-Susitna   at                                                               
$9,304,468; and Juneau  at $2,554,598.  He  said the department's                                                               
website   can  be   accessed  for   further  statistics   on  any                                                               
municipality.                                                                                                                   
                                                                                                                                
8:31:00 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON continued with  the handout, page 6, titled                                                               
"Decreased  State  Services  & Support  for  Municipalities,"  to                                                               
explain the  structure of the Community  Revenue Sharing Program,                                                               
which represents  a significant  source of  non-locally generated                                                               
operating revenue  throughout Alaska's communities.   Established                                                               
in 2008, it  has been distributed annually based  on one-third of                                                               
the fund balance,  initially established at $180  million.  Thus,                                                               
$60  million was  distributed for  the first  three years  of the                                                               
program;  FY13, FY14  and FY15.   However,  the fund  received an                                                               
appropriation of  only $51  million in FY15,  and zero  for FY16.                                                               
Further, it  is unlikely to  receive any appropriation  for FY17,                                                               
FY18, or FY19.  The community  payments, to be paid out in thirds                                                               
of  the remaining  balance,  will be  decreased  for the  ensuing                                                               
years, lacking  further capitalization.   Communities  received a                                                               
share  of $57.3  million  in FY16,  and the  payout  for FY17  is                                                               
anticipated   to  be   $38.2  million,   followed   by  a   final                                                               
distribution in  FY18 of $25.5 million.   In FY19, with  the fund                                                               
balance at  less than $60  million, the communities  will receive                                                               
zero, as  required under current statute.   Representative Seaton                                                               
summarized how this loss of  funding leads to increased costs for                                                               
municipalities,  paraphrasing from  the handout,  page 7,  titled                                                               
"Decreased  State  Services  &  Support,"  which  read  [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     Examples from FY17 budget:                                                                                                 
                                                                                                                                
     Dept.  of  Transportation  cuts  to  road  maintenance,                                                                    
     equipment, and crew.                                                                                                       
                                                                                                                                
     Decreased funding  for Council  on Domestic  Violence &                                                                    
     Sexual Assault.                                                                                                            
                                                                                                                                
     Funding  cuts  to AK  Land  Mobile  Radio will  require                                                                    
     local  municipalities   to  pay  user  fees   (ALMR  is                                                                    
     reliable and  secure wireless  emergency communications                                                                    
     system   for  all   emergency  responders   in  Alaska,                                                                    
     especially  for multi-agency  responses to  emergencies                                                                    
     and critical situations.)                                                                                                  
                                                                                                                                
     Cuts  for troopers  and crime  lab services  for police                                                                    
     will require increased work and  costs for local police                                                                    
     needing to cover those services.                                                                                           
                                                                                                                                
8:33:46 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON reviewed  the current statute, paraphrasing                                                               
from the  handout, page 8,  titled "Current Statute,"  which read                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     AS 29.45.030(e)  Municipalities are required  to exempt                                                                    
     from property taxes the first  $150,000 of the assessed                                                                    
     value of  the permanent home  of a resident who  is (1)                                                                    
     65 years  of age or  older; (2) a disabled  veteran; or                                                                    
     (3) an eligible surviving spouse.                                                                                          
                                                                                                                                
     Statute also states a municipality:                                                                                        
                                                                                                                                
     may  by  ordinance approved  by  the  voters grant  the                                                                    
     exemption  to  a   disabled  vet's  eligible  surviving                                                                    
     spouse  who is  under 60  years of  age or  an eligible                                                                  
     surviving  spouse  of a  member  of  the United  States                                                                    
     armed forces  or ember  o the  National Guard  who dies                                                                    
     from a service connected cause;                                                                                            
                                                                                                                                
     may,  in case  of  hardship, provide  for an  exemption                                                                    
     beyond the first $150,000 of assessed value.                                                                               
                                                                                                                                
REPRESENTATIVE SEATON  provided the  proposed changes  that would                                                               
be  effected by  the  bill,  referring to  the  handout, page  9.                                                               
Under HB  338 the  required exemption for  property taxes  of the                                                               
permanent home of a resident would  no longer apply to those that                                                               
are 65  years of age  or older, under AS  29.45.030(e); reserving                                                               
this  eligibility  for  veterans   and  surviving  spouses  only.                                                               
However, the  exemption based on  age is not removed,  but rather                                                               
placed  under  AS  29.45.050(i),  the  optional  category,  which                                                               
allows  the municipality  to  pass an  ordinance  to exempt  from                                                               
taxation:  (1)  the assessed value that exceeds  $150,000 of real                                                               
property owned  and occupied as a  permanent place of abode  by a                                                               
resident who  is a disabled  veteran or their  eligible surviving                                                               
spouse;  and (2)  all  or  part of  the  assessed  value of  real                                                               
property owned  and occupied as a  permanent place of abode  by a                                                               
resident who  is 65  years or older  or their  eligible surviving                                                               
spouse.  The ordinance would  not require voter approval, and the                                                               
municipality may  base an exemption through  the determination of                                                               
hardship or need.   He pointed out  that this is a  return to the                                                               
initial  bill, originally  passed, that  allowed for  needs based                                                               
eligibility,   and   stressed   the   importance   for   allowing                                                               
municipalities the flexibility that these changes would provide.                                                                
                                                                                                                                
8:37:56 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  paraphrased  from the  committee  handout                                                               
slide  11,   titled  "HB  338  Changes,"   which  read  [original                                                               
punctuation provided]                                                                                                           
                                                                                                                                
     With passage of HB 338:                                                                                                    
                                                                                                                                
     Current  Senior property  tax exemptions  on the  first                                                                    
     $150,000  will  remain  in a  municipality's  ordinance                                                                    
     until  the  municipality  takes  action  to  remove  or                                                                    
     change the amount.                                                                                                         
                                                                                                                                
     Municipalities will  be able  to change  their existing                                                                    
     senior  exemptions  through  an  ordinance.    Citizens                                                                    
     could  still challenge  any ordinance  through a  voter                                                                    
     initiative and exercise  appropriate influence on their                                                                    
     elected officials.                                                                                                         
                                                                                                                                
     For   those   municipalities    without   an   existing                                                                    
     ordinance,  Section  4  of the  CSHB338  will  maintain                                                                    
     senior exemptions  as is  until the  municipality takes                                                                    
     action.                                                                                                                    
                                                                                                                                
     Municipality can decide to make  the exemption based on                                                                    
     hardship or need.                                                                                                          
                                                                                                                                
     Existing hardship  exemptions above the  first $150,000                                                                    
     will  remain in  a municipality's  ordinance until  the                                                                    
     municipality  takes  action  to remove  or  change  the                                                                    
     amount.                                                                                                                    
                                                                                                                                
     Municipalities will  be allowed  to decide how  a needs                                                                    
     based  or  hardship  exemption   is  determined.    For                                                                    
     example, a  municipality could choose to  use an income                                                                    
     limit or an existing asset  test such as qualifying for                                                                    
     food stamps or other state needs based program.                                                                            
                                                                                                                                
     Excludes  the  first  $150,000 of  an  optional  senior                                                                    
     property tax  exemption from  the determination  of the                                                                    
     full  and  true  property  value used  to  calculate  a                                                                    
     municipality's  required  local contribution  to  their                                                                    
     school district.                                                                                                           
                                                                                                                                
     This will  maintain both state support  and the current                                                                    
     municipality  required  local contribution  at  current                                                                    
     levels.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  finished   by  highlighting  the  primary                                                               
benefits  that the  proposed bill  will provide,  which includes:                                                               
removal   of  a   state  unfunded   mandate  on   municipalities;                                                               
municipalities  are  allowed  to  balance their  own  budget  via                                                               
measures   that  will   meet  the   needs  of   their  individual                                                               
communities;  municipalities will  have the  choice of  exempting                                                               
all or part  of a senior's property tax and  the choice of basing                                                               
the exemption on hardship or  needs; maintains the current Senior                                                               
property  tax   exemptions  on  the  first   $150,000  until  the                                                               
municipality takes action to remove  or change the amount; and it                                                               
will  allow municipalities  to accomplish  changes to  the senior                                                               
exemptions  through  a  local  ordinance,   which  may  still  be                                                               
challenged through a voter initiative  and by appropriate, public                                                               
influence as constituents  of elected officials.   He pointed out                                                               
that the senior demographic can be  divided into two groups:  one                                                               
are  the seniors  that  have  little and  rely  on state  program                                                               
benefits  and the  second are  the seniors  who comprise  some of                                                               
Alaska's wealthiest residents.                                                                                                  
                                                                                                                                
8:40:14 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TILTON removed her  objection, and without further                                                               
objection Version P was before the committee.                                                                                   
                                                                                                                                
8:40:24 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HUGHES directed  attention  to page  10, and  the                                                               
penultimate  statement, to  clarify and  question whether  HB 338                                                               
proposes to  change the current  status of the  $150,000 optional                                                               
senior  property  tax  exemption  as it's  used  to  calculate  a                                                               
municipality's  required  local   contribution  to  their  school                                                               
district.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  SEATON said  the bill  would maintain  the status                                                               
quo.                                                                                                                            
                                                                                                                                
REPRESENTATIVE HUGHES  expressed concern  for the impact  that HB
338 may have on efforts made  to retain the retiree population of                                                               
the state.   Prior  to the 1973  statute benefiting  the seniors,                                                               
the trend was for this  valued demographic to retire Outside, she                                                               
said,  which  eased  when  the  exemption  program  was  adopted.                                                               
Further, she expressed concern for the  effect HB 338 may have on                                                               
someone living on a fixed income.                                                                                               
                                                                                                                                
REPRESENTATIVE SEATON  clarified that,  as proposed, HB  338 does                                                               
not lift  the $150,000 municipal  exemption that a senior  may be                                                               
enjoying; it  specifically states that the  exemption will remain                                                               
unless a  community decides to  lower or  raise the amount.   The                                                               
local  community   will  make  the  decision   for  invoking  the                                                               
exemption   based  on   local   demographics.     The   exemption                                                               
statutorily remains available regardless of need.                                                                               
                                                                                                                                
REPRESENTATIVE HUGHES maintained that HB  338 may have a negative                                                               
effect on  the senior population,  and asked whether  the sponsor                                                               
anticipates a  resurgence of the  trend for retirees  to relocate                                                               
Outside.  Additionally,  she questioned what enactment  of HB 338                                                               
would mean  financially to the  average, benefiting senior,  if a                                                               
community chose not to allow them the $150,000 exemption.                                                                       
                                                                                                                                
8:47:54 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  indicated that it is  a difficult question                                                               
to answer as every community  supports their seniors in a variety                                                               
of ways specific to the locale;  however, the intent of HB 338 is                                                               
to provide  further options.   He noted  that the  state assessor                                                               
was available for questions via teleconference.                                                                                 
                                                                                                                                
8:49:01 AM                                                                                                                    
                                                                                                                                
MARTY  MCGEE,  State Assessor,  Division  Programs  & Key  Staff,                                                               
Division  of  Community  and   Regional  Affairs,  Department  of                                                               
Commerce, Community, and  Economic Development (DCCED), responded                                                               
that data specific  to the impact of changing  the senior citizen                                                               
exemption has not been gathered.   Regarding the financial impact                                                               
to the average, benefiting senior,  he said there is no universal                                                               
answer  on how  it would  affect  the tax  bill.   Tax rates  are                                                               
published  and  publically  available   in  the  "Alaska  Taxable                                                               
Documents."   He opined  that it  would not  typically be  in the                                                               
thousands of dollars.                                                                                                           
                                                                                                                                
8:50:40 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ORTIZ returned  to Representative Hughes' question                                                               
regarding  local school  funding and  how HB  338 may  affect the                                                               
calculation [handout page 10, final two statements].                                                                            
                                                                                                                                
8:51:23 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON explained  that schools  are funded  using                                                               
what is  known as "required local  effort."  The local  effort is                                                               
determined through the  calculation, to wit:  100  percent of the                                                               
local tax  valuation, less  nontaxable portions  identified under                                                               
state law,  multiplied by  2.56 mils,  equals the  required local                                                               
effort.   The product  is subtracted  from the  established basic                                                               
need  and   state  pays  the   difference.    He   reported  that                                                               
communities throughout  the state  fund their  schools at  a rate                                                               
above the required local effort  level.  To a follow-up question,                                                               
he clarified  that the proposed  version of HB 338  maintains the                                                               
status quo for calculating school  funding, which an earlier bill                                                               
version did not.                                                                                                                
                                                                                                                                
8:54:11 AM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 8:54 a.m. to 8:55 a.m.                                                                       
                                                                                                                                
8:55:21 AM                                                                                                                    
                                                                                                                                
CHAIR TILTON  returned to Representative  Hughes' request  for an                                                               
estimate  of  how much  HB  338  would  mean financially  to  the                                                               
average, benefiting senior.                                                                                                     
                                                                                                                                
REPRESENTATIVE SEATON offered to provide further information.                                                                   
                                                                                                                                
8:56:10 AM                                                                                                                    
                                                                                                                                
CHAIR TILTON opened public testimony on HB 338.                                                                                 
                                                                                                                                
8:56:47 AM                                                                                                                    
                                                                                                                                
RON  SOMERVILLE, a  lifelong Alaskan,  expressed  concern for  HB
338,  and  concurred  with  Representative  Hughes'  recollection                                                               
regarding the time when there  was a prevalent trend for retirees                                                               
to relocate  Outside, opining that  it was unaffordable  for them                                                               
to remain  in Alaska.  Unfunded  mandates need to be  avoided, he                                                               
said; however,  the total impact of  HB 338 is disconcerting.   A                                                               
large  senior demographic  exists  that is  neither wealthy,  nor                                                               
needy,  he said,  "There's  a whole  bunch of  us  in the  middle                                                               
here."   He reported that  concessions have been made  to benefit                                                               
low income seniors; however, he opined:                                                                                         
                                                                                                                                
     There's only one  reason our assembly is  asking you to                                                                    
     do this:   because they want  to take it away  from the                                                                    
     seniors.  Why  would you ask to have the  option if you                                                                    
     didn't want to take it away?                                                                                               
                                                                                                                                
MR.  SOMERVILLE  suggested that  the  legislature  has helped  to                                                               
create  this  problem by  providing  municipalities  with a  high                                                               
level of  funding.  Juneau  has a  population of only  30,000 and                                                               
yet  maintains two  high schools,  three libraries,  two swimming                                                               
pools,  and  maintains  an elaborate,  expensive  art  in  public                                                               
places program.   The assembly  has gone over  the top as  far as                                                               
Juneau  seniors are  concerned,  he opined,  in  terms of  fiscal                                                               
planning.  When faced with a  short fall, the senior benefits are                                                               
what  come under  scrutiny.   Petersburg  voted  to exempt  their                                                               
seniors  from the  local  sales tax,  and if  seniors  are to  be                                                               
encouraged to retire  in the community where  they've lived, that                                                               
sort  of action  is necessary.   The  proposed bill  represents a                                                               
discouragement to seniors, he opined,  and offered that an option                                                               
could  be  to grandfather  current  recipients  into the  system.                                                               
Another  would  be  to  require the  municipalities  to  put  any                                                               
ordinance changes before a public  vote, which he stressed is the                                                               
least that the seniors deserve.                                                                                                 
                                                                                                                                
9:02:02 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ORTIZ expressed  concern for  the effects  of the                                                               
states' current,  fiscal situation on the  senior demographic and                                                               
the  treasured   role  the  older   generation  plays   in  every                                                               
community.    Local  governments  understand  the  importance  of                                                               
supporting   their   seniors,   he  said   and   suggested   that                                                               
municipalities would  be hesitant to remove  the $150,000 benefit                                                               
as it wouldn't be in their communities' best interest.                                                                          
                                                                                                                                
9:03:39 AM                                                                                                                    
                                                                                                                                
MR.   SOMERVILLE  philosophically   agreed,   but  in   practical                                                               
application the  Juneau seniors  don't have  that level  of trust                                                               
for the  local municipal  assembly.  He  cited the  local housing                                                               
shortage and opined that the assembly  might see an exodus of the                                                               
senior  population as  one, easy  solution.   Seniors have  based                                                               
their  retirement plans  on the  available benefits,  and lacking                                                               
those  benefits,  there is  a  general  sentiment, and  financial                                                               
need, for many to relocate.                                                                                                     
                                                                                                                                
9:05:41 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD   said  seniors   can  be   a  difficult                                                               
demographic to  reach out to  in her  community.  She  noted that                                                               
Mr. Somerville  mentioned being  a member of  a senior  group and                                                               
she asked  whether it has  an organizational name.   Perhaps, she                                                               
pondered, it could be expanded  to include seniors statewide and,                                                               
via one voice, formulate and propose a resolution.                                                                              
                                                                                                                                
MR.  SOMERVILLE cited  public records  which can  be accessed  to                                                               
assemble a  list of  seniors in  a given  community.   In Juneau,                                                               
about 2,700 seniors  are on a mailing list that  was developed by                                                               
accessing the  Permanent Fund Dividend  records and  the property                                                               
tax exemption applications.   He said the group he  works with is                                                               
the Juneau Senior Citizens, which  came together through visiting                                                               
a  variety  of venues  with  senior  attendees, and  through  the                                                               
creation of  a website; however,  it is not  a formal group.   He                                                               
pointed  out that  Catholic Community  Services relies  on senior                                                               
volunteers  to  accomplish  50   percent  of  the  programs  they                                                               
provide.  If  seniors ceased to be available  as volunteers these                                                               
services would stop.                                                                                                            
                                                                                                                                
9:09:29 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HUGHES  asked Mr.  Somerville to speculate  on how                                                               
seniors currently spend  the money they save,  under the $150,000                                                               
senior exemption benefit; is it  used for local purchases and how                                                               
might that change.                                                                                                              
                                                                                                                                
MR. SOMERVILLE  responded that removal of  the benefit represents                                                               
a shift  of money  from local  businesses to  the municipalities.                                                               
Without the benefit,  seniors will seek less  expensive means for                                                               
meeting their  needs, such  as shopping  in Seattle  or Anchorage                                                               
where there  is no sales tax.   The website he  established lists                                                               
options,  makes  recommendations,   and  provides  resources  for                                                               
seniors to consider.                                                                                                            
                                                                                                                                
REPRESENTATIVE  HUGHES  provided  a  scenario  of  one  community                                                               
retaining the $150,000  benefit and one retracting  it, given the                                                               
statutory  option.   Under this  scenario, she  questioned, might                                                               
one community  experience an exodus  and the second an  influx of                                                               
seniors  and could  that result  in  the senior  services of  the                                                               
second becoming overburdened.   She asked for  comment on whether                                                               
passage of HB 338 might result in such a consequence.                                                                           
                                                                                                                                
MR. SOMERVILLE responded  that it would be difficult  to say, and                                                               
opined that seniors  tend to stay close to  their families, which                                                               
could mean a move Outside.                                                                                                      
                                                                                                                                
9:13:33 AM                                                                                                                    
                                                                                                                                
CATHY  BOUTIN stated  objection to  HB  338.   She observed  that                                                               
Juneau  "likes fancy  things," and  has chosen  to reduce  senior                                                               
benefits  in  an  effort  to  satisfy  the  municipal  assemblies                                                               
expensive choices.  One result is  that seniors now pay the local                                                               
business  tax,   save  what  is   allowable  under   the  federal                                                               
Supplemental Nutrition  Assistance Program (SNAP).   Many seniors                                                               
object to this taxation and  report they have increased their on-                                                               
line  purchases,  she said,  and  mentioned  items that  she  now                                                               
purchases via the internet in  order to remain within her budget.                                                               
She cited  a program that  pays newly arriving  residents $650.00                                                               
for  moving to  the state,  which  offers no  benefit to  seniors                                                               
already  in residence.   Finally,  she predicted  that unintended                                                               
consequences would occur statewide, should this bill be adopted.                                                                
                                                                                                                                
9:16:33 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD  asked for further  information regarding                                                               
the $650.00 payment program, and to whom it applies.                                                                            
                                                                                                                                
MS.  BOUTIN  responded  that  it's   a  city  program,  based  on                                                               
household  income, which  provides a  rebate to  people who  have                                                               
been here  for as short a  time as one month;  essentially having                                                               
paid little city  tax.  She acquainted this to  being a bonus for                                                               
moving into town.   She agreed to provide  further information to                                                               
the committee.                                                                                                                  
                                                                                                                                
9:18:03 AM                                                                                                                    
                                                                                                                                
LORETTA BEVEGNI stated  opposition to HB 338 and  said it's based                                                               
on  specious reasoning.    She  said, "We  don't  need  it.   The                                                               
program is working  fine as it is. ... Actually,  I consider this                                                               
a declaration of  war on senior citizens in the  state of Alaska,                                                               
and the  veterans."  She said  she would support a  new bill that                                                               
would raise  the property exemption up  to $200,000-$250,000, "so                                                               
that the  municipalities cannot  fiddle with  what is  already in                                                               
law."                                                                                                                           
                                                                                                                                
9:20:00 AM                                                                                                                    
                                                                                                                                
WAYNE  ADERHOLD stated  support  for  HB 338  and  said he  began                                                               
receiving the  senior exemption  last year.   Regardless  of what                                                               
happens, he said he plans to  remain in Alaska.  The exemption is                                                               
really nice and it would be great  to keep it but it's unfair and                                                               
unsustainable,  he opined.   Someone  has to  make up  the unpaid                                                               
difference,  and  the  current   status  represents  an  unfunded                                                               
mandate.  The municipalities should  make local decisions, and he                                                               
said he trusts his local officials.    In 2009 the Pew Charitable                                                               
Trust put  out research results  regarding the rising age  gap in                                                               
economic  wellbeing.   He  said  it's important  to  look at  net                                                               
worth,  versus  income  only,  to  realize  the  trend  that  has                                                               
occurred  during the  last 25  year period;  roughly the  span of                                                               
time that this  program has been in existence.   The trend report                                                               
indicates that the  over 65 age group is doing  42 percent better                                                               
than they were  25 years prior; and the younger  than 35 group is                                                               
doing 65 percent worse.   This is very meaningful information for                                                               
regarding the  ability to  pay, and shows  that the  fixed income                                                               
argument  is misleading.   It's  difficult to  take this  type of                                                               
benefit away, particularly from people  who have been counting on                                                               
it, he  admitted, and it's  important to support every  age group                                                               
throughout  the state.    Referring to  The  Constitution of  the                                                               
State of Alaska, he paraphrased Article I, which reads:                                                                         
                                                                                                                                
     Inherent Rights -  ...; that all persons  are equal and                                                                    
     entitled   to   equal    rights,   opportunities,   and                                                                    
     protection  under the  law; and  that all  persons have                                                                    
     corresponding  obligations to  the  people  and to  the                                                                    
     State.                                                                                                                     
                                                                                                                                
9:23:29 AM                                                                                                                    
                                                                                                                                
KATIE KOESTER,  City Manager, City  of Homer,  directed attention                                                               
to the committee packet and  Resolution 15-111 issued by the City                                                               
of Homer, offering  official support for HB 338.   The bill is an                                                               
important  tool  for  municipalities  to  have  when  determining                                                               
revenue streams,  particularly given  the current  fiscal climate                                                               
faced  by the  state and  local governments.   The  bill provides                                                               
diversity to municipalities, she said.   Homer does not expect to                                                               
balance its  budget on  the backs  of the  seniors, nor  could it                                                               
given its current  deficit amount; about $275,000.   Further, she                                                               
exalted  the status  that seniors  hold in  a community  and said                                                               
every locale will need to  discover the best means for supporting                                                               
their elderly population.                                                                                                       
                                                                                                                                
9:26:02 AM                                                                                                                    
                                                                                                                                
JANET GOEHRINGER stated opposition to  HB 338, and responded that                                                               
seniors have not  received a social security increase.   She said                                                               
that  the  Homer   City  Council  has  referred   to  the  senior                                                               
population  as a  burden.   Without the  requirement of  a public                                                               
vote,  the  locals will  have  no  say  in how  the  municipality                                                               
chooses to utilize the funds, she  said, and actions may be taken                                                               
"behind our back."                                                                                                              
                                                                                                                                
9:27:18 AM                                                                                                                    
                                                                                                                                
DIANE HUGHES  stated opposition to  HB 338 and suggested  that an                                                               
alternative   would   be   a  reduction   of   city   and   state                                                               
employee/retiree health benefit packages.   She said she finds it                                                               
morally  reprehensible to  consider  removing  tax benefits  from                                                               
widows and  the disabled.   National statistics indicate  that 80                                                               
percent of seniors live solely  on social security, she reported.                                                               
It should not  be incumbent on the seniors to  pay for the errors                                                               
of  the legislature  she opined,  and  said every  member of  the                                                               
Homer  City Council  voted to  remove the  senior tax  benefit; a                                                               
harbinger of what may be expected with the passage of HB 338.                                                                   
                                                                                                                                
9:30:46 AM                                                                                                                    
                                                                                                                                
MARIANNE SCHLEGELMILCH  stated opposition  for HB 338  and opined                                                               
that  income versus  expenditure  is subjective.   She  expressed                                                               
absolute distrust  for the  local Homer  government and  how they                                                               
view the  senior population, pointing out  that Resolution 15-111                                                               
refers to this demographic as a burden.  She said:                                                                              
                                                                                                                                
       It's unconscionable to disrupt the economics of a                                                                        
        vulnerable population.  Senior citizens have no                                                                         
     ability to  recover from an assault  on their finances;                                                                    
     finances that  they planned on  when they set  up their                                                                    
     retirement. ...  Why disabled veterans are  included in                                                                    
     [HB  338]  is  really  beyond  me;  I'm  married  to  a                                                                    
     disabled  veteran. ...  I think  there's other  ways to                                                                    
     look for funding. ... We've  pulled a lot of equity out                                                                    
     of  our house  and reinvested  it.   In doing  so we've                                                                    
     provided a  lot of  jobs to  this community,  and we've                                                                    
     tapped into our comfort zone.  ... At the very minimum,                                                                    
     I think it would only  be fair to grandfather in people                                                                    
     who've already  banked on this  and start fazing  it in                                                                    
     more slowly.                                                                                                               
                                                                                                                                
9:33:56 AM                                                                                                                    
                                                                                                                                
SCOTT  BRANDT-ERICKSEN,   Borough  Attorney,   Ketchikan  Gateway                                                               
Borough, stated support for the  committee substitute (CS) for HB
338, Version  P.  Having  some degree  of local control  over the                                                               
senior  exemption  has been  a  high  priority of  the  municipal                                                               
league for  many years.   He pointed out the  important language,                                                               
in Version  P, which excludes  the first $150,000 of  an optional                                                               
senior property tax exemption from  the determination of the full                                                               
and true  property value, as  used to calculate  a municipality's                                                               
required local  contribution to their  school district.   Without                                                               
this language,  he explained,  communities would  be placed  in a                                                               
compelling situation to tax the  seniors in order to avoid losing                                                               
money.  He  described the monetary effect this would  have on the                                                               
Ketchikan  Gateway  Borough,  and  stressed  that  this  language                                                               
should be retained in any version of the bill that goes forward.                                                                
                                                                                                                                
9:36:25 AM                                                                                                                    
                                                                                                                                
LOIS WIER stated  opposition to HB 338, and said,  "This comes as                                                               
an unpleasant surprise."   She opined that the  bill represents a                                                               
significant detriment  to all seniors  in Alaska, both  urban and                                                               
Bush residents.  Seniors like  herself, who have children who are                                                               
becoming seniors, will  see their extended family  affected.  She                                                               
said,  given  the option,  she  would  anticipate the  Matanuska-                                                               
Susitna Borough  to repeal  the senior  tax exemption  within the                                                               
first  year.   Today's  testimony has  indicated  how many  local                                                               
governments  have sophisticated  projects  that  cost money,  she                                                               
pointed  out.   It's also  been  testified to  that seniors  have                                                               
little means to  increase their income, particularly  if they are                                                               
dependent on social  security.  She reported that  her last raise                                                               
equated to  $12 a month; not  enough to cover the  first $150,000                                                               
valuation on her home.                                                                                                          
                                                                                                                                
9:40:30 AM                                                                                                                    
                                                                                                                                
GARY PARKER  stated concern for HB  338 and said he  manages on a                                                               
fixed  income  comprised  of  a  federal  retirement  and  social                                                               
security.  Inflation  is far outstripping the  occasional Cost of                                                               
Living Allowance (COLA) increases  that are occasionally provided                                                               
in  his retirement  checks.   He  said the  City  and Borough  of                                                               
Juneau  (CBJ) changed  the tax  structure for  seniors, requiring                                                               
previously exempt items to be  included in the local five percent                                                               
tax.    When  this  occurred,   he  began  purchasing  expensive,                                                               
shippable items out  of state, as do many of  his senior friends.                                                               
Recalling   Representative   Hughes'   question   regarding   the                                                               
financial impact  that HB  338 would have  on the  average senior                                                               
resident, he explained:                                                                                                         
                                                                                                                                
     I have  a house  ... that's [valued]  at $272,000.   We                                                                    
     have  about a  10 mil  rate  here in  Juneau, ...  that                                                                    
     represented about  $2,700.00 a year in  property taxes,                                                                    
     prior  to my  qualifying for  this program  three years                                                                    
     ago.    That dropped  by  $1,500.00  a year,  to  about                                                                    
     $1,200.00  a year;  so that's  the financial  impact in                                                                    
     Juneau.                                                                                                                    
                                                                                                                                
MR. PARKER opined that, without a  doubt, given the passage of HB
338  and  the opportunity  to  rescind  the senior  property  tax                                                               
exemption, CBJ  would do  so in  rapid order;  especially lacking                                                               
the requirement  of placing  the decision  before a  public vote.                                                               
Coupling the increased sales taxes,  with the $38,000 increase in                                                               
the  valuation  of   his  house,  and  other   actions  that  are                                                               
occurring,  he said  it  is difficult  to  consider remaining  in                                                               
Alaska and he expects to relocate Outside.                                                                                      
                                                                                                                                
CHAIR TILTON announced public testimony would remain open.                                                                      
                                                                                                                                
9:47:35 AM                                                                                                                    
                                                                                                                                
CHAIR TILTON removed her objection to  Version P.  There being no                                                               
further  objection, Version  P was  before the  committee as  the                                                               
working document.                                                                                                               
                                                                                                                                
9:48:08 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON directed attention  to the committee packet                                                               
and  the   document  titled,  "City  of   Homer,  Homer,  Alaska,                                                               
Resolution 15-111," pages 1, lines  40-41, and 2, lines 43-44, to                                                               
paraphrase the WHEREAS statements  and explain the contextual use                                                               
of the  term "burden", emphasizing  that the  characterization of                                                               
the term  is not directed  towards seniors, who are  considered a                                                               
valued  demographic.   Also,  a  number  of communities  have  an                                                               
ordinance requirement  that tax  changes require a  local, public                                                               
vote,  which HB  338  does  not propose  to  override or  impede.                                                               
Finally, the bill does not  affect disabled veterans and spouses,                                                               
he clarified.                                                                                                                   
                                                                                                                                
9:50:41 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HUGHES requested a  list of communities throughout                                                               
the  state which  require a  public vote  to enact  tax structure                                                               
changes, and  further clarified that  the bill would  only affect                                                               
seniors and not veterans and their spouses.                                                                                     
                                                                                                                                
9:51:39 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DRUMMOND said  the state has worked  to retain and                                                               
attract seniors, over  the last 40 years.  As  a former member of                                                               
the Anchorage Municipal  Assembly she said it  has been difficult                                                               
filling the budget  gap during the many years that  the state has                                                               
not  reimbursed  the  mandated  tax  exemption.    The  budgetary                                                               
decisions that  are being  made are tough  and will  affect every                                                               
age group throughout the state, she finished.                                                                                   
                                                                                                                                
[HB 338 was held over.]                                                                                                         

Document Name Date/Time Subjects
HB 209 E version.pdf HCRA 3/24/2016 8:00:00 AM
HB 209
HB 209, AmendmentE1.pdf HCRA 3/24/2016 8:00:00 AM
HB 209
HB 209, AmendmentE2.pdf HCRA 3/24/2016 8:00:00 AM
HB 209
HB 209, AmendmentE3.pdf HCRA 3/24/2016 8:00:00 AM
HB 209
HB209-LEG-COU-03-15-16, Fiscal Note LAA.pdf HCRA 3/24/2016 8:00:00 AM
HB 209
HB 209 Materials - 2015 House Count of Homes Served.pdf HCRA 3/24/2016 8:00:00 AM
HB 209
HB 209 Materials - Agency Coordination.pdf HCRA 3/24/2016 8:00:00 AM
HB 209
HB 209 Materials - Water Innovations for Healthy Arctic Homes conference.pdf HCRA 3/24/2016 8:00:00 AM
HB 209
HB 209 Materials - Current Funding Needs and Available Funds.pdf HCRA 3/24/2016 8:00:00 AM
HB 209
HB 209 Materials - Alaska Challenge R&D Project.pdf HCRA 3/24/2016 8:00:00 AM
HB 209
CS HB 370, W.pdf HCRA 3/24/2016 8:00:00 AM
HB 370
Sponsor Statement, HB 370.pdf HCRA 3/24/2016 8:00:00 AM
HB 370
HB370-DCCED-DCRA-3-18-16, Fiscal Note.pdf HCRA 3/24/2016 8:00:00 AM
HB 370
Legal Memorandum, constitutionality of tax exemption time limits.pdf HCRA 3/24/2016 8:00:00 AM
HB 370
HB 338 Senior Property Tax Exemption_ver H.pdf HCRA 3/24/2016 8:00:00 AM
HB 338
HB 338 Sectional.pdf HCRA 3/24/2016 8:00:00 AM
HB 338
HB 338 Sponsor Statement.pdf HCRA 3/24/2016 8:00:00 AM
HB 338
HB 338 Blank CS ver P_Needs & RLC always.pdf HCRA 3/24/2016 8:00:00 AM
HB 338
CS_HB 338 Sectional ver. P.pdf HCRA 3/24/2016 8:00:00 AM
HB 338
Changes between HB 338 ver H and CS ver P.pdf HCRA 3/24/2016 8:00:00 AM
HB 338
HB 338 Support Dcoument_CityHomerResolution 15-111.pdf HCRA 3/24/2016 8:00:00 AM
HB 338
HB338-DCCED-DCRA-03-18-16, Fiscal Note.pdf HCRA 3/24/2016 8:00:00 AM
HB 338
Opposed, HB338 - Harris.pdf HCRA 3/24/2016 8:00:00 AM
HB 338
Opposed, HB338 - Walters.pdf HCRA 3/24/2016 8:00:00 AM
HB 338
Opposed, HB338 - Earls.pdf HCRA 3/24/2016 8:00:00 AM
HB 338
Opposed, HB338 - Fread.pdf HCRA 3/24/2016 8:00:00 AM
HB 338
Opposed, HB338 - Kliemann.pdf HCRA 3/24/2016 8:00:00 AM
HB 338
Support, HB338 - Aderhold.pdf HCRA 3/24/2016 8:00:00 AM
HB 338
Support, HB338 - Soldotna.pdf HCRA 3/24/2016 8:00:00 AM
HB 338
Opposed, HB338 - Torrella.pdf HCRA 3/24/2016 8:00:00 AM
HB 338
HB 338 power point Final.pdf HCRA 3/24/2016 8:00:00 AM
HB 338
HB 338 letter of support.pdf HCRA 3/24/2016 8:00:00 AM
HB 338
Support, HB338 - Griswold.pdf HCRA 3/24/2016 8:00:00 AM
HB 338