Legislature(2007 - 2008)HOUSE FINANCE 519

03/03/2008 01:30 PM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 3 REQUIREMENTS FOR DRIVER'S LICENSE/I.D. TELECONFERENCED
<Bill Hearing Postponed>
+= HB 200 WORKERS' COMP: DISEASE PRESUMPTION TELECONFERENCED
Moved CSHB 200(FIN) Out of Committee
+ HB 326 NAT'L GUARD: COMMAND/ACTIVE SERVICE/PAY TELECONFERENCED
Heard & Held
+ HB 413 EXTENDING THE REAL ESTATE COMMISSION TELECONFERENCED
Moved Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 72 COMMUNITY REVENUE SHARING TELECONFERENCED
Moved HCS CSSB 72(FIN) Out of Committee
CS FOR SENATE BILL NO. 72(FIN)                                                                                                
                                                                                                                                
     "An Act relating to the community revenue sharing                                                                          
     program; and providing for an effective date."                                                                             
                                                                                                                                
Co-Chair Meyer reviewed that the Committee had previously                                                                       
adopted Amendments #1 and #2, and had withdrawn Amendment                                                                       
#3.                                                                                                                             
                                                                                                                                
1:40:47 PM                                                                                                                    
                                                                                                                                
Co-Chair Chenault MOVED to ADOPT  Amendment #3.                                                                                 
                                                                                                                                
     Page  7,  lines  11-13:   Delete  all  material.  Insert                                                                   
     "assembly approval. If there  is more than one qualified                                                                   
     entity in  an unincorporated  community in a  borough or                                                                   
     unified  municipality, one of  the entities  may receive                                                                   
     the  entire  payment,  or  the  payment  may  be  shared                                                                   
     between  two  or  more of  the  qualified  entities,  as                                                                   
     determined by the assembly.                                                                                                
     (c) An unincorporated community  in a borough or unified                                                                   
     municipality  is   eligible  for  a   community  revenue                                                                   
     sharing payment only if at  least three of the following                                                                   
     services  are generally  available to  all residents  of                                                                   
     the  unincorporated  community  and  each of  the  three                                                                   
     services,  in any  combination, are  provided by  one of                                                                   
     more  qualifying incorporated  nonprofit  entities or  a                                                                   
     Native village council or  are substantially paid for by                                                                   
     the residents  of the  unincorporated community  through                                                                   
     taxes, charges,  or assessments levied or  authorized by                                                                   
     the borough or unified municipality:"                                                                                      
                                                                                                                                
Vice-Chair Stoltze OBJECTED.                                                                                                    
                                                                                                                                
Co-Chair  Chenault pointed  out that  in previous  discussion                                                                   
there  had been  question about  which  communities would  be                                                                   
eligible  for   the  revenue   sharing.  The  Department   of                                                                   
Commerce, Community  and Economic Development  (DCCED) worked                                                                   
with staff  to put  together a  list of potentially  eligible                                                                   
communities.                                                                                                                    
                                                                                                                                
TOM WRIGHT,  STAFF, REPRESENTATIVE  MIKE CHENAULT,  explained                                                                   
the  list  submitted  by DCCED  ("The  Estimated  Potentially                                                                   
Eligible   Unincorporated  Community   List  Under   Proposed                                                                   
Amendment  #3," Copy  on File).  The 31  communities in  bold                                                                   
typeface are  already represented and receiving  payment from                                                                   
the State  under the current  revenue-sharing plan.  The list                                                                   
also contains 55 communities that  may or may not be eligible                                                                   
to  receive the  revenue. Under  the  amendment, the  borough                                                                   
would  determine  if the  criteria  is met.  The  communities                                                                   
accepted would be eligible for the $20,000 payment.                                                                             
                                                                                                                                
Co-Chair Meyer asked what the  total potential cost would be.                                                                   
Mr.  Wright  answered   that  if  all  55   communities  were                                                                   
accepted, the  cost would be  an additional $1.1  million. He                                                                   
expressed  doubt that all  the communities  would be  able to                                                                   
meet the criteria.                                                                                                              
                                                                                                                                
Co-Chair  Chenault explained  that  the  seven criteria  used                                                                   
were  on page  7 of  the bill.  The community  would have  to                                                                   
provide a minimum  of three of the seven. He  reiterated that                                                                   
the borough would determine if the criteria were met.                                                                           
                                                                                                                                
Vice-Chair  Stoltze  expressed  concerns  that  some  of  the                                                                   
smaller  communities  were  analogous   to  large  homeowners                                                                   
associations  that  would  become   eligible  for  funds.  He                                                                   
wondered if  the intent  of revenue sharing  would be  met in                                                                   
those situations.                                                                                                               
                                                                                                                                
1:46:43 PM                                                                                                                    
                                                                                                                                
Representative   Hawker  thought   the   list  of   potential                                                                   
communities  was quantifiable.  He  added  that the  criteria                                                                   
established in  the amendment  does not increase  the funding                                                                   
mechanism.  He  thought  the   amendment  would  promote  the                                                                   
desired  outcome of  having communities  take  responsibility                                                                   
for providing public services. He supported the amendment.                                                                      
                                                                                                                                
Co-Chair  Chenault  listed  distinct  areas  with  their  own                                                                   
organized governance in his district.                                                                                           
                                                                                                                                
Representative  Thomas  noticed Haines,  a  community in  his                                                                   
district,  was  on the  list.  He  noted  that Haines  had  a                                                                   
different status as a consolidated  borough and believed they                                                                   
would get more than $20,000.                                                                                                    
                                                                                                                                
BILL  ROLFZEN,  LOCAL GOVERNMENT  SPECIALIST,  DEPARTMENT  OF                                                                   
COMMERCE, COMMUNITY AND ECONOMIC  DEVELOPMENT, explained that                                                                   
the list  of unincorporated  communities  was taken  from the                                                                   
U.S.  Census Bureau.  The  communities  are not  incorporated                                                                   
cities but  meet the  definition of  community. Haines  was a                                                                   
city for  many years;  when it  consolidated with the  Haines                                                                   
Borough,  the city  government  was dissolved.  They are  now                                                                   
considered  an  unincorporated  community within  the  Haines                                                                   
Borough, which would make them eligible for the $20,000.                                                                        
                                                                                                                                
1:51:08 PM                                                                                                                    
                                                                                                                                
Representative   Thomas   wondered    if   by   consolidating                                                                   
government, the  community lost opportunity for  revenue. Mr.                                                                   
Rolfzen replied that  the city of Haines would  have received                                                                   
a $75,000 base  plus the per capita. Once the  city dissolved                                                                   
and  consolidated with  the Borough,  eligibility changed  to                                                                   
$20,000.  However, there  were cost  savings as  a result  of                                                                   
streamlining government. Representative  Thomas did not think                                                                   
there was savings from unifying.                                                                                                
                                                                                                                                
Vice-Chair Stoltze WITHDREW his OBJECTION.                                                                                      
                                                                                                                                
There being NO OBJECTION, Amendment #3 was ADOPTED.                                                                             
                                                                                                                                
1:52:48 PM                                                                                                                    
                                                                                                                                
Co-Chair Meyer MOVED to ADOPT Amendment #4.                                                                                     
                                                                                                                                
     Page   5,   line   7:   Delete   "$50,000,000",   Insert                                                                   
     "$60,000,000";  Page 5, line  9: Delete  "$150,000,000",                                                                   
     Insert   "$180,000,000";   Page  5,   line  11:   Delete                                                                   
     $50,000,000,  Insert  "$60,000,000";  Page 5,  line  22:                                                                   
     Delete  "50,000,000, divided  by  50,000,000, plus  one,                                                                   
     multiplied by 300,000", Insert  "$60,000,000, divided by                                                                   
     60,000,000,  plus one, multiplied  by 384,000";  Page 6,                                                                   
     line 3: Delete "fifteenth", Insert "nineteenth"                                                                            
                                                                                                                                
Vice-Chair Stoltze OBJECTED for discussion purposes.                                                                            
                                                                                                                                
Co-Chair Meyer  provided a general overview of  Amendment #4.                                                                   
The Governor had recommended $75  million for revenue sharing                                                                   
but had only recommended a one-year  solution. Senate Bill 72                                                                   
recommends  $50 million  each year  for three  years. If  the                                                                   
price  of oil  stays  above $60,  20%  of that  progressivity                                                                   
amount will  be added to the  fund. Hopefully, the  fund will                                                                   
continue  as  long as  oil  prices  stay high.  Amendment  #4                                                                   
proposes a  compromise of  $60 million,  higher than  the $50                                                                   
million  recommended   by  the  Senate  but   less  than  the                                                                   
Governor's request  of $75 million.  The total for  the three                                                                   
years becomes $180 million.                                                                                                     
                                                                                                                                
SUZANNE   ARMSTRONG,  STAFF,   REPRESENTATIVE  KEVIN   MEYER,                                                                   
provided more detail regarding  Amendment #4. Page 5, line 22                                                                   
makes  the  adjustments  to the  formula  and  increases  the                                                                   
borough  basic payment.  The basic payments  for the  borough                                                                   
will   be   $384,000;  city   reserves   and   unincorporated                                                                   
communities  inside boroughs  and unincorporated  communities                                                                   
outside of  boroughs will  be based  on $384,000 rather  than                                                                   
$300,000.  Page 6,  line 3 changes  the factor  by which  the                                                                   
basic  payment  for  unincorporated  communities  inside  the                                                                   
boroughs will be calculated to  one nineteenth instead of one                                                                   
fifteenth to keep payments roughly at the $20,000 level.                                                                        
                                                                                                                                
Co-Chair Meyer added  that the level jumps from  $320 to $384                                                                   
because  of the floating  base.  As that amount  goes up,  so                                                                   
does the base.                                                                                                                  
                                                                                                                                
1:56:14 PM                                                                                                                    
                                                                                                                                
Vice-Chair   Stoltze  sought   clarification  regarding   the                                                                   
changes in the numbers.                                                                                                         
                                                                                                                                
Representative  Hawker  queried  Co-Chair  Meyer's  statement                                                                   
regarding  a  "three-year  program."   Representative  Hawker                                                                   
surmised that  the bill and  the amendment would  establish a                                                                   
permanent and  durable change of statute that  would continue                                                                   
to fund as long as oil prices  remained above $60 per barrel.                                                                   
Co-Chair Meyer  clarified that the bill intends  a three-year                                                                   
minimum, but  hoped it  would last twenty  years or  more. He                                                                   
acknowledged the fund  was dependent on the price  of oil. He                                                                   
pointed out  that if  the price  goes below $60,  communities                                                                   
would have time to make adjustments.                                                                                            
                                                                                                                                
1:58:19 PM                                                                                                                    
                                                                                                                                
Representative  Kelly  did not  like  the phrase  "twenty  or                                                                   
thirty  years."   He  said  he   would  not  object   to  the                                                                   
amendments, but voiced his concerns  regarding over-spending.                                                                   
                                                                                                                                
Representative Crawford  referred to other bills  that target                                                                   
the  progressivity funding  source  and  wondered what  would                                                                   
happen  if the  Legislature passed  two  bills targeting  the                                                                   
same source.  Co-Chair Meyer thought the  bill Representative                                                                   
Crawford was referring to would  not be considered for a vote                                                                   
of the people for another year.                                                                                                 
                                                                                                                                
Ms. Armstrong added  that Amendment #1 added  language to the                                                                   
section dealing with progressivity.  The bill would not limit                                                                   
the Legislature's  ability to appropriate General  Fund money                                                                   
or other revenue sources.                                                                                                       
                                                                                                                                
Vice-Chair  Stoltze WITHDREW  his OBJECTION.  There being  NO                                                                   
further OBJECTION, Amendment #4 was ADOPTED.                                                                                    
                                                                                                                                
2:00:57 PM                                                                                                                    
                                                                                                                                
Representative    Kelly    restated     concerns    regarding                                                                   
progressivity  and  how it  would  fund revenue  sharing.  He                                                                   
thought  that, allowing  for budget growth,  the State  would                                                                   
not have enough money without  using all of the progressivity                                                                   
revenue. He  worried that the  debate was not  addressing the                                                                   
difficulty of sustaining the payments  to the municipalities.                                                                   
He stated his intent to vote against the bill.                                                                                  
                                                                                                                                
2:03:26 PM                                                                                                                    
                                                                                                                                
Representative Hawker  reiterated his concerns  regarding the                                                                   
State's inability  to predict future revenue  sharing. He was                                                                   
reluctant to go forward with revenue  sharing, but said there                                                                   
were two  reasons he  could move forward  with SB  72. First,                                                                   
the  self-limiting component  in the  bill says  that if  the                                                                   
price or production of oil declines,  the program would phase                                                                   
itself out. Second,  he thought the State's  highest priority                                                                   
should  be  putting  wealth  into   the  communities  through                                                                   
revenue  sharing. He  read the  statement of  purpose of  the                                                                   
Alaska Statehood Act, Section  6, which selected land and the                                                                   
resource  wealth   "For  the   purposes  of  furthering   the                                                                   
development of and expansion of  communities." Representative                                                                   
Hawker thought  the revenue sharing  program reflected  in SB
72  was exactly  what the  crafters of  statehood wanted.  He                                                                   
stated his intention to support the bill.                                                                                       
                                                                                                                                
2:07:02 PM                                                                                                                    
                                                                                                                                
Representative Thomas talked about  his experience serving on                                                                   
a borough  assembly during  a time  when revenue sharing  was                                                                   
lost.  He  supports   revenue  sharing  with   clear  limits,                                                                   
especially related to building  infrastructure. He wants debt                                                                   
retirement  instead and would  like to  see limits  placed on                                                                   
how the municipalities spend the money.                                                                                         
                                                                                                                                
Co-Chair Meyer  agreed that  it would  be interesting  to see                                                                   
how communities would use the  money. He expressed confidence                                                                   
in the bill and encouraged movement.                                                                                            
                                                                                                                                
2:09:50 PM                                                                                                                    
                                                                                                                                
Representative Hawker acknowledged  Representative Carl Moses                                                                   
and  thought the  Act  should  be dedicated  to  him and  his                                                                   
"Never give up" legacy.                                                                                                         
                                                                                                                                
Representative Kelly stated that  he supports revenue sharing                                                                   
but wants  to control  the budget. He  thought a  policy call                                                                   
would be needed regarding a state tax.                                                                                          
                                                                                                                                
2:12:47 PM                                                                                                                    
                                                                                                                                
Vice-Chair Stoltze MOVED to report  HCS for CSSB 72 (FIN) out                                                                   
of Committee  with  individual recommendations  and with  new                                                                   
fiscal  note   by  the  House   Finance  Committee   for  the                                                                   
Department of  Commerce, Community and Economic  Development,                                                                   
new zero  fiscal note  by the  Department of  Administration,                                                                   
and  new  zero  fiscal  note by  the  Department  of  Natural                                                                   
Resources.                                                                                                                      
                                                                                                                                
AT EASE:       2:13:42 PM                                                                                                     
                                                                                                                                
RECONVENED:    2:14:07 PM                                                                                                     
                                                                                                                                
Representative Kelly OBJECTED.  A roll call vote was taken on                                                                   
the motion.                                                                                                                     
                                                                                                                                
IN FAVOR: Nelson,  Stoltze, Thomas, Crawford,  Hawker, Joule,                                                                   
Meyer and Chenault                                                                                                              
OPPOSED: Kelly                                                                                                                  
                                                                                                                                
Representative  Harris and  Representative  Gara were  absent                                                                   
from the vote.                                                                                                                  
                                                                                                                                
The MOTION PASSED (8/1).                                                                                                        
                                                                                                                                
HCS CSSB  72(FIN) was  REPORTED out of  Committee with  a "do                                                                   
pass" recommendation  and with  new zero  fiscal note  by the                                                                   
Department  of  Natural Resources,  new  fiscal  note by  the                                                                   
House  Finance  Committee  for the  Department  of  Commerce,                                                                   
Community and Economic Development,  and new zero fiscal note                                                                   
by the Department of Administration.                                                                                            
                                                                                                                                

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