Legislature(2007 - 2008)HOUSE FINANCE 519

04/11/2007 01:30 PM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 155 EXTEND ALCOHOLIC BEVERAGE CONTROL BOARD TELECONFERENCED
Moved CSHB 155(FIN) Out of Committee
+ HB 158 PRIVATE INVESTIGATORS/AGENCIES TELECONFERENCED
<Bill Hearing Canceled>
+ HB 178 EMPLOYM'T OF PEOPLE W/ DISABILITIES COM. TELECONFERENCED
Moved CSHB 178(HES) Out of Committee
+ HB 212 LAND TRANSFERS ALASKA RR & EKLUTNA TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 67 MUNI PROP TAX EXEMPTION FOR POLICE HOMES TELECONFERENCED
Moved CSHB 67(FIN) Out of Committee
HOUSE BILL NO. 67                                                                                                             
                                                                                                                                
     "An Act relating to an optional exemption from                                                                             
     municipal property taxes on certain residences of law                                                                      
     enforcement officers."                                                                                                     
                                                                                                                                
Vice Chair Stoltze  MOVED to ADOPT the work draft  for HB 67,                                                                   
labeled  25-LS-0314\F,   Cook,  4/10/07.    There   being  NO                                                                   
OBJECTION, it was so ordered.                                                                                                   
                                                                                                                                
1:48:44 PM                                                                                                                    
                                                                                                                                
SUZANNE  CUNNINGHAM, STAFF,  REPRESENTATIVE MEYER,  explained                                                                   
the three  major changes  to HB  67 depicted  in the  new CS.                                                                   
Section  1 provides  that property  of  a private,  nonprofit                                                                   
four-year  college is  also exempt from  taxation except  for                                                                   
cases when there  is a private lessor of the  property.  This                                                                   
treatment  is  consistent  with  the way  the  University  of                                                                   
Alaska is treated.                                                                                                              
                                                                                                                                
1:49:10 PM                                                                                                                    
                                                                                                                                
Ms. Cunningham explained that  Section 2 was added by request                                                                   
and  provides for  an optional  tax  exemption for  fraternal                                                                   
society orders or  associations.  Section 3 was  worked on by                                                                   
Representative  Gruenberg's  office  and  addresses  previous                                                                   
concerns raised by Representative Gara.                                                                                         
                                                                                                                                
NORMAN COHEN, STAFF, REPRESENTATIVE  MAX GRUENBERG, explained                                                                   
the changes to Section 3.  He  pointed to a change on page 4,                                                                   
which limits a  parcel owned by a law enforcement  officer to                                                                   
one exemption.   If two or  more individuals own  the parcel,                                                                   
the  exemption depends  on the  percentage owned  by the  law                                                                   
enforcement  officer.   The  individuals  can decide  between                                                                   
themselves how  the exemption is distributed.   Other changes                                                                   
were made to give municipalities  more discretion in how they                                                                   
decide which  area is to be  tax exempt.  Municipalities  can                                                                   
also decide which  law enforcement officers are  eligible for                                                                   
the exemption.                                                                                                                  
                                                                                                                                
Mr. Cohen  referred to page 4,  lines 13 and 14,  which gives                                                                   
the  municipality the  ability to  place additional  criteria                                                                   
when determining  which  areas to include  for the  exemption                                                                   
and how large to make them.                                                                                                     
                                                                                                                                
1:54:27 PM                                                                                                                    
                                                                                                                                
Representative Hawker  referred to Section 1  and asked which                                                                   
property tax payers  would benefit from the  proposed change.                                                                   
Ms.  Cunningham listed  Alaska Pacific  University (APU)  and                                                                   
Sheldon Jackson College.  Representative  Hawker wondered how                                                                   
much  monetary   relief  they   would  be  receiving.     Ms.                                                                   
Cunningham  explained  that under  AS  29.45.030  there is  a                                                                   
property  tax exemption  for  property  used exclusively  for                                                                   
nonprofit,  religious,  charitable,  cemetery,  hospital,  or                                                                   
educational  purposes.   The new language  clarifies  that if                                                                   
the property  of four-year,  private, nonprofit  institutions                                                                   
is leased, the lessor is liable for municipal property tax.                                                                     
                                                                                                                                
Representative Hawker inquired  if the taxing authority would                                                                   
have  to make  up  for  waived taxes.    He wondered  if  the                                                                   
liability  would  then  fall  upon  other  taxpayers  of  the                                                                   
community.   Ms. Cunningham referred  to a section  under the                                                                   
mandatory   property   tax   exemption    that   allows   the                                                                   
municipality to seek revenue from  the state.  Representative                                                                   
Hawker  expressed  interest  in  knowing the  amount  of  the                                                                   
potential lost  revenue by allowing  Sheldon Jackson  and APU                                                                   
to be tax exempt.                                                                                                               
                                                                                                                                
Co-Chair Meyer asked if this is a local option.                                                                                 
                                                                                                                                
REPRESENTATIVE  MAX  GRUENBERG,   co-sponsor,  reported  that                                                                   
Section 1 was not optional.                                                                                                     
                                                                                                                                
1:58:05 PM                                                                                                                    
                                                                                                                                
Representative Crawford wondered  about the impact on Wayland                                                                   
Baptist  University in  his  district.   He  asked about  the                                                                   
effect of this legislation on the property tax cap.                                                                             
                                                                                                                                
MIKE  BLACK,  DIRECTOR,  COMMUNITY  ADVOCACY,  DEPARTMENT  OF                                                                   
COMMERCE, COMMUNITY AND ECONOMIC  DEVELOPMENT, explained that                                                                   
if  a  class of  property  tax  is removed,  the  balance  of                                                                   
revenue needing to  be generated would be passed  on to other                                                                   
taxpayers in Anchorage.   He thought that there  was no state                                                                   
reimbursement to make  up for the loss.  He  said there would                                                                   
be no effect on the municipal tax cap.                                                                                          
                                                                                                                                
Representative Hawker requested a dollar amount.                                                                                
                                                                                                                                
Mr.   Black  related   that  some   university-owned   vacant                                                                   
properties would be removed from  the tax roll.  He could not                                                                   
state a dollar amount.                                                                                                          
                                                                                                                                
Representative   Hawker  wondered   about  the   relationship                                                                   
between vacant property and Alaska  Pacific University (APU).                                                                   
Mr. Black reported  that the properties are held  in title by                                                                   
APU, although they are not attached to the campus.                                                                              
                                                                                                                                
HARRY   MCDONALD,   BOARD   OF   TRUSTEES,   ALASKA   PACIFIC                                                                   
UNIVERSITY,  clarified that  no  tax has  ever  been paid  on                                                                   
those  properties.    Representative  Hawker  asked  by  what                                                                   
authority APU has been exempt.                                                                                                  
                                                                                                                                
DOUG NORTH,  PRESIDENT, ALASKA PACIFIC UNIVERSITY,  explained                                                                   
the university's  501(c)3 status as a  non-profit educational                                                                   
institution from 1959 until 2005.                                                                                               
                                                                                                                                
2:03:08 PM                                                                                                                    
                                                                                                                                
BOB  MINZ, TRUSTEE,  ALASKA  PACIFIC UNIVERSITY,  added  that                                                                   
there is a provision in state  law whereby an entity that has                                                                   
never paid tax, is excluded from having to pay.                                                                                 
                                                                                                                                
Representative  Hawker asked why  this bill  is needed.   Bob                                                                   
Minz replied that in 2006 the  municipal assessor changed the                                                                   
interpretation.  Representative  Hawker asked what the change                                                                   
in interpretation  was.  Mr. Minz responded that  in 2006 and                                                                   
2007 the municipality decided  that APU property was taxable.                                                                   
Representative  Hawker  asked how  much  money was  involved.                                                                   
Mr.  Minz replied  that the  2006 taxes  are in  dispute.   A                                                                   
clarification of state law would solve the problem.                                                                             
                                                                                                                                
2:05:13 PM                                                                                                                    
                                                                                                                                
Representative Gruenberg inquired  if the Mat-Su property was                                                                   
left in trust.   Mr. Minz replied  said he is not  sure which                                                                   
property  is being  referred  to.   Representative  Gruenberg                                                                   
clarified that he  is referring to a homestead  that was left                                                                   
to the  university.   Mr. Minz related  that APU  only leases                                                                   
that property.   Representative Gruenberg concluded  it would                                                                   
not be covered  by the bill.  Mr. Minz said  that is correct.                                                                   
Representative  Gruenberg questioned  about a specific  piece                                                                   
of APU property  that is being rented out.   Mr. Minz replied                                                                   
that  in 2007  the  tax  exemption  for the  Spine  Institute                                                                   
building was  withdrawn while  the remaining exemptions  were                                                                   
continued.                                                                                                                      
                                                                                                                                
2:07:03 PM                                                                                                                    
                                                                                                                                
Co-Chair Chenault asked if University  of Alaska (UA) land is                                                                   
involved.  Ms.  Cunningham said the provisions  pertaining to                                                                   
UA lands are untouched by this legislation.                                                                                     
                                                                                                                                
Co-Chair  Chenault   asked  if  it  would  be   optional  for                                                                   
municipalities  to allow  exemptions.    Ms. Cunningham  said                                                                   
that Section  2 of the bill  is optional.   Co-Chair Chenault                                                                   
referred to a letter from Shane  Horan (copy on file) voicing                                                                   
concern  about  exemptions  for UA  leasehold  interests  and                                                                   
fraternal orders.                                                                                                               
                                                                                                                                
Co-Chair  Chenault declared  a conflict  of interest  stating                                                                   
that he is a member of Moose and Elks clubs.                                                                                    
                                                                                                                                
Co-Chair   Chenault   voiced   concern  about   pressure   on                                                                   
municipalities  regarding exemptions.   He questioned  if the                                                                   
time is right.   He pointed out that it would  cost the Kenai                                                                   
Borough $25,000 for the exemptions.   He stated concern about                                                                   
exempting  properties at  a time  of budget  tightening.   He                                                                   
agreed with the police officer exemption.                                                                                       
                                                                                                                                
2:11:23 PM                                                                                                                    
                                                                                                                                
Co-Chair  Meyer  noted  that  the  amendments  regarding  the                                                                   
fraternal orders  were proposed  in another committee.   Vice                                                                   
Chair  Stoltze   addressed  the   appropriateness   of  those                                                                   
exemptions.    He pointed  out  that fraternal  orders  often                                                                   
function  as community  centers.  He  expressed comfort  with                                                                   
the optional exemptions.                                                                                                        
                                                                                                                                
Representative  Gara pointed out  that there are  hundreds of                                                                   
good reasons for  property tax exemptions.  He  noted on page                                                                   
2,  line   22,  property   used  exclusively  for   nonprofit                                                                   
religious,  charitable, cemetery,  hospital, and  educational                                                                   
purposes are  already exempted.   He spoke in favor  of those                                                                   
exemptions  as  well  as college  property  exemptions.    He                                                                   
questioned the  need for Section  2 and wondered  why current                                                                   
law is not adequate.                                                                                                            
                                                                                                                                
2:17:14 PM                                                                                                                    
                                                                                                                                
Mr. North explained  the curricular relationship  between APU                                                                   
and the  Spine Institute,  which leases  their property.   He                                                                   
spoke  to the  current  exemptions  for AU  and  APU.     The                                                                   
question is how to level the playing  field among the various                                                                   
colleges and universities in the state.                                                                                         
                                                                                                                                
Representative  Gara   spoke  highly  of  APU,   however,  he                                                                   
questioned  the  favoritism  of  one group  of  doctors  over                                                                   
another regarding taxes.                                                                                                        
                                                                                                                                
Mr. McDonald explained  how APU operating costs  are handled.                                                                   
He clarified that the doctors  are not getting the tax break,                                                                   
the  university is.    Mr. North  added  that  the amount  is                                                                   
$200,000 per year.                                                                                                              
                                                                                                                                
2:20:26 PM                                                                                                                    
                                                                                                                                
Ms.  Cunningham  addressed  Representative   Gara's  concern.                                                                   
Page  1 outlines  properties that  are  exempt from  property                                                                   
tax. Subparagraph  (a) states that the properties  are exempt                                                                   
from taxation except that a privately  sold contract or other                                                                   
interest  in the property  is  taxable to the  extent of  the                                                                   
interest.  That  language was included at the  request of the                                                                   
municipal attorney's office so  that a lessor would be liable                                                                   
for tax purposes.                                                                                                               
                                                                                                                                
Representative  Gruenberg added that  the Spine Institute  is                                                                   
not tax free.  He asked what the  educational relationship is                                                                   
between APU  and the  Spine Institute.   Mr. North  described                                                                   
the   internship   relationship,  curriculum,   and   adjunct                                                                   
recruitment.    He  referred   to  an  educational  agreement                                                                   
between the Spine Institute and APU (copy on file.)                                                                             
                                                                                                                                
Representative Gara clarified  that the doctors pay municipal                                                                   
business  tax and  state corporate  tax.   He concluded  that                                                                   
currently  the building  would  be taxed  unless  the law  is                                                                   
changed.                                                                                                                        
                                                                                                                                
Mr. Minz reported that currently  there is a dispute with APU                                                                   
as to whether that property should be taxed.                                                                                    
                                                                                                                                
2:24:35 PM                                                                                                                    
                                                                                                                                
Representative  Hawker  questioned exemptions  for  fraternal                                                                   
orders and  maintained that  voters should  have a  chance to                                                                   
voice  an opinion.    He stated  concern  about the  assembly                                                                   
changing  taxes  without  the   voice  of  the  people.    He                                                                   
suggested  language to  allow  voters to  have a  say.   Vice                                                                   
Chair Stoltze thought that was a reasonable request.                                                                            
                                                                                                                                
2:26:37 PM                                                                                                                    
                                                                                                                                
Representative  Gruenberg  said he  would  accept a  friendly                                                                   
amendment to that effect.  Co-Chair Chenault also agreed.                                                                       
                                                                                                                                
Representative  Hawker  clarified that  his  concern is  only                                                                   
with Section 2.                                                                                                                 
                                                                                                                                
Representative  Hawker MOVED  to  ADOPT Conceptual  Amendment                                                                   
#1:                                                                                                                             
                                                                                                                                
     ADD to Section 2.                                                                                                          
     Incorporate  language  similar  to  that found  in  Sec.                                                                   
     29.45.050(a)  A municipality  may exclude  or exempt  or                                                                   
     partially exempt  residential property from  taxation by                                                                   
     ordinance ratified by the voters at an election.                                                                           
                                                                                                                                
     This would incorporate the concept into the exemption                                                                      
     taxation of the property of a fraternal society, order,                                                                    
     or association that is exempt from federal taxes.                                                                          
                                                                                                                                
Vice Chair Stoltze OBJECTED.                                                                                                    
                                                                                                                                
Representative  Hawker clarified  "an  election" would  allow                                                                   
the municipality to decide which election.                                                                                      
                                                                                                                                
2:29:36 PM                                                                                                                    
                                                                                                                                
Representative    Gara    pointed   out    that    charitable                                                                   
organizations are exempt already.   This amendment applies to                                                                   
organizations   that   wish  to   exempt   non-charitable-use                                                                   
property.  He maintained that the issue is not clear.                                                                           
                                                                                                                                
Vice Chair Stoltze WITHDREW his OBJECTION.                                                                                      
                                                                                                                                
Conceptual Amendment #1 was ADOPTED.                                                                                            
                                                                                                                                
Representative  Gruenberg stated  a conflict  of interest  in                                                                   
that he is a member of the Lions' Club.                                                                                         
                                                                                                                                
Co-Chair Meyer noted a zero fiscal  note by the Department of                                                                   
Commerce, Community and Economic Development.                                                                                   
                                                                                                                                
2:32:58 PM                                                                                                                    
                                                                                                                                
Representative  Hawker reported  reservations about  imposing                                                                   
unfunded  mandates   on  municipalities.    He   agreed  with                                                                   
Representative  Gara's   concern  regarding   exemptions  for                                                                   
commercial  enterprises.   He  said  he  would have  to  vote                                                                   
against the  bill because he  is against additional  property                                                                   
tax in Anchorage.                                                                                                               
                                                                                                                                
2:34:35 PM                                                                                                                    
                                                                                                                                
Representative  Gara spoke  to properties  used by  religious                                                                   
groups.   He objected to Section  2, which would  expand that                                                                   
exemption to properties used for  profit by religious groups.                                                                   
He stated no support for Section 2 of the bill.                                                                                 
                                                                                                                                
Co-Chair Meyer summarized that  that would be true only after                                                                   
voter approval.                                                                                                                 
                                                                                                                                
Representative  Gruenberg thought Section  2 would  not cover                                                                   
the shopping  center idea because  commercial use is  not one                                                                   
of the six items listed there.  Representative Gara agreed.                                                                     
                                                                                                                                
2:36:29 PM                                                                                                                    
                                                                                                                                
Vice  Chair  Stoltze  MOVED  to  REPORT  CSHB  67  (FIN),  as                                                                   
amended,  out of  Committee with  individual  recommendations                                                                   
and the accompanying fiscal note.   There being NO OBJECTION,                                                                   
it was so ordered.                                                                                                              
                                                                                                                                
CSHB  67 (FIN)  was  REPORTED  out of  Committee  with a  "no                                                                   
recommendation"  and   with  zero  fiscal  note   #1  by  the                                                                   
Department of Commerce, Community and Economic Development.                                                                     
                                                                                                                                
2:38:03 PM                                                                                                                    
                                                                                                                                

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