Legislature(2007 - 2008)BELTZ 211

05/08/2007 03:30 PM Senate COMMUNITY & REGIONAL AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 67 MUNICIPAL PROPERTY TAX EXEMPTIONS TELECONFERENCED
Heard & Held
+ HJR 20 BYPASS MAIL RATE INCREASE TELECONFERENCED
Moved HJR 20 Out of Committee
Bills Previously Heard/Scheduled
       CSHB 67(FIN) AM -MUNICIPAL PROPERTY TAX EXEMPTIONS                                                                   
                                                                                                                              
3:39:27 PM                                                                                                                    
CHAIR OLSON  announced the  consideration of  HB 67.  [Before the                                                               
committee was CSHB 67(FIN).]                                                                                                    
                                                                                                                                
REPRESENTATIVE MAX  GRUENBERG, sponsor  of HB  67, said  the bill                                                               
has  several  stand-alone  provisions that  deal  with  municipal                                                               
property  tax  exemptions  that  are  quite  important.  He  said                                                               
Section  1  deals  with municipal  property  tax  exemptions  for                                                               
private,  non-profit,   accredited  colleges   and  universities.                                                               
Currently  a mandatory  exemption  exists for  the University  of                                                               
Alaska and  its property even  if it  is income producing.  HB 67                                                               
adds private universities  to that law. It also  adds tax credits                                                               
for municipalities for contributions  to private universities. He                                                               
said the  issue was  raised by  Alaska Pacific  University (APU),                                                               
which has an  office building in Anchorage that is  occupied by a                                                               
spinal clinic. The bill applies  to the underlying real estate of                                                               
the  leasehold interest  only. The  money the  university obtains                                                               
from the  rent goes to  support it.  The spinal clinic  staff are                                                               
adjunct professors  at the university,  and the students  who are                                                               
taking health  care administration  classes actually go  into the                                                               
spinal clinic as part of their studies.                                                                                         
                                                                                                                                
3:42:22 PM                                                                                                                    
REPRESENTATIVE  GRUENBERG   said  the   second  section   adds  a                                                               
provision  for widows/widowers  of disabled  veterans until  they                                                               
get remarried to the disabled  veterans' mandatory tax exemption.                                                               
The exemption is  up to $150,000. He said the  third provision is                                                               
an optional  exemption for fraternal organizations  that says the                                                               
municipality  must adopt  an ordinance  that is  ratified by  the                                                               
local  voters.  These  fraternal organizations,  particularly  in                                                               
smaller  communities, provide  the main  meeting hall  for social                                                               
functions and they also provide a lot of the social services.                                                                   
                                                                                                                                
3:43:55 PM                                                                                                                    
REPRESENTATIVE GRUENBERG explained that  Section 4 is designed to                                                               
allow a municipality  to pass an ordinance  defining a high-crime                                                               
area  and allow  a peace  officer who  buys a  home in  that high                                                               
crime  area to  get  a property  tax exemption.  He  said if  his                                                               
district of  Mountain View could  get one or two  officers living                                                               
there it would cut crime and save money and lives.                                                                              
                                                                                                                                
3:44:58 PM                                                                                                                    
SENATOR WAGONER  commented that  the same  issue also  applies in                                                               
Sterling where there have been  burglaries, but the population is                                                               
so spread  out that neighborhood  watch groups don't work.  So he                                                               
supported it.                                                                                                                   
                                                                                                                                
SENATOR STEVENS  said he was  once a  borough mayor and  he would                                                               
feel  more  comfortable making  this  an  option for  communities                                                               
rather than  mandating that they do  it. He asked why  this piece                                                               
of  legislation is  needed and  if  municipalities don't  already                                                               
have the power  to do it. He  also raised the issue  of who would                                                               
make up the tax shortfall that would result from the exemptions.                                                                
                                                                                                                                
3:47:01 PM                                                                                                                    
REPRESENTATIVE GRUENBERG responded that  language on page 4, line                                                               
14, states the "the cop in the neighborhood" is [optional].                                                                     
                                                                                                                                
SENATOR STEVENS asked if municipalities can already do this.                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG said  this is  a very  unusual part  of                                                               
state  law.  To  get  a  right  to  have  a  local  property  tax                                                               
exemption, state  law requires that  Title 28 has to  be amended;                                                               
the Constitution says  that "a legislature may, by  law, permit a                                                               
local  ordinance."  This part  of  the  law, AS  29.45,  contains                                                               
several statutes  that do  not allow  municipalities to  make the                                                               
exemption  without specific  authorization. He  said the  "cop in                                                               
the neighborhood"  part is optional;  the fraternal  exemption in                                                               
Section 3 is also optional and  would be by ordinance ratified by                                                               
local voters.  He said the feeling  is that not many  police will                                                               
take advantage of  the tax exemption and it is  estimated to cost                                                               
only $2,200  a year per  police officer  -- a very  modest amount                                                               
considering what is at stake.                                                                                                   
                                                                                                                                
REPRESENTATIVE  GRUENBERG  said  that   the  other  provision  on                                                               
educational property  is mandatory  already, but it  puts private                                                               
universities on  par with  public universities.  It was  added in                                                               
the Finance  Committee. The final  provision, Section  2, dealing                                                               
with disabled  vets was added  on the floor  of the House  by the                                                               
speaker.  The senior  citizen and  disabled veteran  provision is                                                               
currently mandatory, and the bill  just adds the widow or widower                                                               
until remarriage provision to that.                                                                                             
                                                                                                                                
3:51:36 PM                                                                                                                    
CHAIR OLSON  asked if  the widow/widower  has to  be 65  years or                                                               
older.                                                                                                                          
                                                                                                                                
REPRESENTATIVE GRUENBERG replied yes.                                                                                           
                                                                                                                                
SENATOR  KOOKESH  asked  the  cost   of  the  college  and  widow                                                               
exemption.                                                                                                                      
                                                                                                                                
REPRESENTATIVE GRUENBERG  replied that  the state assessor  is on                                                               
the phone.                                                                                                                      
                                                                                                                                
3:52:45 PM                                                                                                                    
SENATOR STEVENS said the only  colleges affected would be Sheldon                                                               
Jackson and Alaska Pacific University.                                                                                          
                                                                                                                                
REPRESENTATIVE GRUENBERG  replied that Whalen Baptist  College is                                                               
a third one.  There is one in Glennallen,  but Glennallen doesn't                                                               
charge property taxes.                                                                                                          
                                                                                                                                
SENATOR  KOOKESH  asked  if  he had  seen  the  Alaska  Municipal                                                               
League's (AML) letter in opposition.                                                                                            
                                                                                                                                
REPRESENTATIVE GRUENBERG said  the concerns in that  letter go to                                                               
Sections 1 and  2 on colleges and widows, an  exemption he wanted                                                               
to remain  mandatory, because it  would put colleges on  an equal                                                               
playing field with  universities so that students  would have the                                                               
choice of good  private colleges in Alaska. And,  he reasoned, if                                                               
the  state can  keep its  students in  Alaska and  offer a  broad                                                               
range of good college programs, it is to its benefit.                                                                           
                                                                                                                                
3:54:42 PM                                                                                                                    
SENATOR KOOKESH asked if he actually  had a chance to talk to the                                                               
AML about this issue.                                                                                                           
                                                                                                                                
REPRESENTATIVE GRUENBERG replied  that he hadn't had  a chance to                                                               
talk to  them and  that he had  just received it  today. It  is a                                                               
valid  point  of  view,  but  he  hoped  to  keep  the  mandatory                                                               
exemption on its  merits. That is a policy call.  But in this day                                                               
and age,  men come back  from overseas  wounded and may  not live                                                               
very long.  They may leave  young families and little  babies who                                                               
will have a tough time making it.                                                                                               
                                                                                                                                
CHAIR  OLSON  suggested that  he  wait  until the  AML  testifies                                                               
before responding further.                                                                                                      
                                                                                                                                
SENATOR  STEVENS  said  he  is   very  concerned  about  unfunded                                                               
mandates. If  this is such  a good  idea, he thought  the sponsor                                                               
should  find a  way  to  fund it  through  the  state instead  of                                                               
demanding  that  Sitka, for  example,  pay  the tax  for  Sheldon                                                               
Jackson. That makes more sense  than forcing a small community to                                                               
pay a tax they might not choose to.                                                                                             
                                                                                                                                
3:56:22 PM                                                                                                                    
CHAIR OLSON said he doesn't  see the connection between relieving                                                               
people of property  tax and increasing the number  of students at                                                               
a private university.                                                                                                           
                                                                                                                                
REPRESENTATIVE  GRUENBERG explained  if you  relieve them  of the                                                               
property  tax  that means  more  money  will  go to  support  and                                                               
strengthen the university.                                                                                                      
                                                                                                                                
CHAIR OLSON commented that it's a theoretical idea.                                                                             
                                                                                                                                
SENATOR WAGONER mentioned that his  and Senator Stevens' boroughs                                                               
are second  class and  don't have police  powers, but  he thought                                                               
this could induce some state police  to go out into some of those                                                               
areas. That's why he supported that portion of the bill.                                                                        
                                                                                                                                
3:57:51 PM                                                                                                                    
DR. DOUGLAS  NORTH, President,  Alaska Pacific  University (APU),                                                               
said  APU had  the  tax  exemption for  47  years  before it  was                                                               
reinterpreted  by  the  assessor's  office  two  years  ago.  The                                                               
municipality  now  supports  adding the  mandatory  exemption  to                                                               
accredited four-year colleges and  universities. He said a letter                                                               
from Mayor Begich  expressed support. He said it  is important to                                                               
note  that all  of  the revenue  from the  building  goes to  the                                                               
educational  services   that  are  provided  by   his  non-profit                                                               
university, and there  is a direct connection  between the spinal                                                               
clinic and APU's curriculum in health services administration.                                                                  
                                                                                                                                
DR. NORTH said  Alaska Pacific University strives  to make itself                                                               
as self sufficient  as possible. Tuition and fees  cover about 60                                                               
percent  of the  cost  of  operations and  any  reduction in  the                                                               
revenue means  it would be  more difficult for  it to do  what it                                                               
does  now. It  gives almost  $2 million  a year  in institutional                                                               
aid,  much  of  which  is  passed  on  to  Alaska  students.  Any                                                               
reduction simply puts  pressure on their ability  to make private                                                               
education more  affordable to  residents of  the state.  From the                                                               
state's  point of  view, every  student who  comes to  APU is  an                                                               
Alaskan  who is  able to  get  the benefits  of higher  education                                                               
without cost  to the state;  so it's  important for the  state to                                                               
look at it from that financial perspective as well.                                                                             
                                                                                                                                
4:01:41 PM                                                                                                                    
SENATOR STEVENS  referenced a letter  from Steve Van  Sant, State                                                               
Assessor, which  said one of  the university's properties  is not                                                               
used for  educational purposes  and is on  the Mat-Su  tax rolls.                                                               
The   letter  indicated   that  property   would  become   exempt                                                               
regardless of its  use because it belongs to APU,  and anyone who                                                               
donates to  APU would  become exempt.  Leased properties  such as                                                               
the Alaska Spine Institute would also be exempt.                                                                                
                                                                                                                                
DR. NORTH replied that APU  doesn't own the Mat-Su property which                                                               
consists of  about 700 acres;  it is  held by a  non-profit trust                                                               
that pays agricultural taxes on  most of the property. APU leases                                                               
property  from the  trust, and  only that  small portion  that is                                                               
used for education is tax exempt.                                                                                               
                                                                                                                                
4:04:07 PM                                                                                                                    
SENATOR STEVENS asked about the Alaska Spine Institute.                                                                         
                                                                                                                                
DR.  NORTH replied  that  the  building belongs  to  APU and  the                                                               
lease-hold interest is still subject  to tax by the municipality.                                                               
The building,  itself, would not  be taxed by the  municipality -                                                               
as buildings of this sort haven't been taxed for 47 years.                                                                      
                                                                                                                                
SENATOR  STEVENS asked  him if  the City  of Anchorage  could not                                                               
provide him with this sort of freedom from taxes.                                                                               
                                                                                                                                
DR. NORTH  said the state thinks  this is the cleanest  way to do                                                               
it, because it levels the  playing field between the universities                                                               
and colleges  and it  keeps the non-profits  from forming  a long                                                               
line seeking to get some kind of tax exemption as well.                                                                         
                                                                                                                                
SENATOR STEVENS asked about making  it optional, because the City                                                               
of Anchorage supports exempting APU from taxes.                                                                                 
                                                                                                                                
DR. NORTH  that it would  be a problem. The  municipality doesn't                                                               
want it to be optional; it  wants it to be state-wide legislation                                                               
dealing  with  four-year  accredited  regional  universities.  It                                                               
would be  more problematic for them  if they had to  decide to do                                                               
it. They are in favor of the legislation as it is.                                                                              
                                                                                                                                
4:06:07 PM                                                                                                                    
CHAIR  OLSON  said  Mayor Begich's  letter  indicated  he  didn't                                                               
object to it, but he didn't sound exactly supportive either.                                                                    
                                                                                                                                
DR. NORTH  said he interpreted that  to mean that it's  okay with                                                               
the municipality  not to get  this tax  income, which it  has not                                                               
received in the past and that  it would like the exemption solved                                                               
on the state level.                                                                                                             
                                                                                                                                
SENATOR WAGONER  said he  had a  great uncle who  put all  of his                                                               
money  in a  trust to  Whitman  College in  Walla Walla.  Whitman                                                               
College  is  one  of  the  best  endowed  colleges  west  of  the                                                               
Mississippi and  it is one of  the largest land holders  in Walla                                                               
Walla  County.  The  problem  he  has is  this  could  grow  into                                                               
endowments  of property  something like  Whitman College  has and                                                               
take  the  property off  the  public  tax rolls.  Therefore,  the                                                               
municipality would  automatically lose  larger amounts  of income                                                               
from productive land  that is no longer taxable. He  wanted to do                                                               
some more  research on this  happening in Alaska before  he would                                                               
vote for this resolution.                                                                                                       
                                                                                                                                
4:08:22 PM                                                                                                                    
DR.  NORTH said  private universities  can't make  it on  tuition                                                               
alone. He thought  it was in the best interest  of Alaska to have                                                               
strong  private  universities  and  colleges,  because  it  gives                                                               
options to  citizens of the  state. APU doesn't compete  with the                                                               
University of Alaska, because it  can't compete unsubsidized, but                                                               
APU puts together high-quality programs  that serve the Alaskans.                                                               
Many states  understand that the  non-property tax  exemption for                                                               
private  universities  helps  the  citizens  of  their  state  to                                                               
receive a high-quality education without cost to the state.                                                                     
                                                                                                                                
4:09:57 PM                                                                                                                    
CHAIR OLSON turned the gavel over to Senator Stevens.                                                                           
                                                                                                                                
STEVEN  VAN SANT,  State Assessor,  Department  of Revenue  (DOR)                                                               
said  Dr.  North  is  mistaken.  APU has  five  small  pieces  of                                                               
recreational properties  in the Mat-Su Borough  (total value less                                                               
than $50,000),  and it  has paid  taxes on  them since  1985. The                                                               
portions used for agriculture are  closer to the Palmer area. The                                                               
other issue APU has is the  Alaska Spine Institute that Dr. North                                                               
stated had  been exempt for 47  years. "The fact is  it shouldn't                                                               
have been exempt. Any property  of any exempt organization that's                                                               
not  being  used  for  the   exempt  purpose  should  be  on  the                                                               
assessment roll  and should  be taxed."  The assessor  found that                                                               
the  Alaska Spine  Institute would  be  taxable -  both land  and                                                               
buildings - even  under this bill. Existing statutes,  as well as                                                               
this bill,  require the exclusive  use be  made to a  property in                                                               
order to be exempt and only one of the pieces qualifies.                                                                        
                                                                                                                                
MR. VAN  SANT said the widow/widowers  issue is more of  a fix-it                                                               
amendment. He  explained that the disabled  veteran exemption was                                                               
added after  the senior  citizen exemption,  but the  problem was                                                               
that  they  had  to  be  60 years  old;  however,  most  disabled                                                               
veterans are  far below  that age. So  if the  legislature wanted                                                               
widows/widowers  to have  the  exemption upon  the  death of  the                                                               
disabled veteran,  the age  had to  be lowered. It  is not  a new                                                               
idea, but one that he has recommended for quite a while.                                                                        
                                                                                                                                
MR. VAN SANT said that  typically his department does not support                                                               
exemptions simply  because assessors just don't  believe in them.                                                               
The  need for  the tax  does  not go  away simply  because of  an                                                               
exemption;  the  burden  gets   shifted  to  somebody  else.  The                                                               
Municipality of Anchorage supports  the law enforcement exemption                                                               
because it provides  a good benefit and the  section on fraternal                                                               
organizations requires ratification by the voters.                                                                              
                                                                                                                                
4:15:03 PM                                                                                                                    
SENATOR WAGONER  said at one  point UAA had its  planning offices                                                               
in  a building  owned  by  APU. He  asked  how  tax liability  is                                                               
calculated if only part of a building is rented.                                                                                
                                                                                                                                
MR. VAN  SANT replied  if APU  leases out  any property  for non-                                                               
educations purposes, that property would be subject to taxation.                                                                
                                                                                                                                
SENATOR STEVENS asked if the exemption should be optional.                                                                      
                                                                                                                                
4:16:56 PM                                                                                                                    
MR.  VAN  SANT  replied  that   most  states  exempt  educational                                                               
properties  from tax.  He said  the difference  between mandatory                                                               
and optional exemption from a  municipality's point of view is if                                                               
the state mandatorily exempts  all university property regardless                                                               
of  its  use,  that  value   is  withheld  from  the  full  value                                                               
determination,  which  the  assessors  determine  each  year  for                                                               
educational  purposes. If  it  is optional,  that  value will  be                                                               
added back  into the full value  so it would be  used against the                                                               
municipality for its 4 mil  equivalency for education. The Mat-Su                                                               
Borough has  small numbers  and it would  not make  a difference,                                                               
but in  Anchorage it amounts to  $11 million to $13  million. Out                                                               
of a $25 billion full value,  that would make some difference. It                                                               
would  cost Anchorage  tax payers  a little  more if  it were  an                                                               
optional exemption compared to a mandatory one.                                                                                 
                                                                                                                                
4:18:37 PM                                                                                                                    
STEVE  SMITH,  Anchorage  Police  Department,  stated  that  they                                                               
supported  HB 67  and  believed if  Anchorage  used the  optional                                                               
provision in  Section 4 it  would provide a modest  incentive for                                                               
officers to live in higher  crime neighborhoods. While he thought                                                               
their presence would  probably have a chilling effect  on some of                                                               
the  crime  and  disorder,  he  didn't  think  many  would  avail                                                               
themselves of that opportunity.                                                                                                 
                                                                                                                                
VERNON  MARSHAL, Public  Safety Employees  Association, supported                                                               
Section 4 of HB 67. It  will allow a municipality to provide some                                                               
tax incentive for an officer to relocate into a high crime area.                                                                
                                                                                                                                
4:20:45 PM                                                                                                                    
SENATOR  STEVENS said  he would  like to  hear from  the City  of                                                               
Anchorage  because, on  a personal  basis having  been a  borough                                                               
mayor, he had found mandatory exemptions to be problematic.                                                                     
                                                                                                                                
SENATOR WAGONER  said he would  call the assessor in  Walla Walla                                                               
to see how its exemption worked. He liked the optional section.                                                                 
                                                                                                                                
SENATOR STEVENS said he would hold the bill over.                                                                               
                                                                                                                                
REPRESENTATIVE GRUENBERG  asked what was  said about the  vote of                                                               
the people.                                                                                                                     
                                                                                                                                
SENATOR  STEVENS  clarified  that  he said  he  would  feel  more                                                               
comfortable  with an  ordinance and  ratification by  the voters.                                                               
Some  issues in  the bill  require that  and some  don't, but  he                                                               
thought the public should have a chance to weigh in because they                                                                
are the ones who will pick up the tab for exemptions.                                                                           
                                                                                                                                
4:23:24 PM                                                                                                                    
REPRESENTATIVE  GRUENBERG   said  not   many  police   will  take                                                               
advantage  of the  exemption in  Anchorage  - maybe  one or  two.                                                               
Putting that  small a number before  the people for a  vote might                                                               
be too cumbersome  and expensive to make it  worthwhile. He asked                                                               
that this provision not be added to it.                                                                                         
                                                                                                                                
SENATOR STEVENS said there were issues to further explore on HB
67, and he adjourned the meeting at 4:24:39 PM.                                                                               

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