Legislature(1997 - 1998)

03/18/1998 09:20 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
 SENATE BILL NO. 337                                                           
                                                                               
"An Act relating to the mandatory incorporation of                             
certain boroughs in the unorganized borough and to                             
certain third class boroughs; and providing for an                             
effective date."                                                               
                                                                               
                                                                               
Co-chair Sharp convened the committee meeting and reviewed                     
the agenda.  He noted that the evening meeting on SB 337 for                   
the taking of public testimony was scheduled for 6:00 p.m.                     
LIO participation at this hearing was "listen only" and                        
included Anchorage, Delta, Fairbanks, Tok, Kenai and also                      
off-net radio.  However, HB 53 would include public                            
testimony via teleconference.                                                  
                                                                               
Marilyn Wilson, staff to co-chair Sharp was invited to join                    
the committee.  She read a short sponsor statement to SCR 11                   
into the record.  It was noted that as Alaska's senior                         
community grew it was necessary to plan for the long-term                      
care and needs of these citizens.  The cost of providing                       
long-term care is becoming insurmountable to the State and                     
to private citizens.  SCR 11 would create a long-term care                     
task force with a mission to review the findings of the                        
working group established in 1996 and to develop an                            
equitable plan to provide a sound and affordable long-term                     
care option for all Alaska's senior citizens.  It was urged                    
the committee pass SCR 11.                                                     
                                                                               
Senator Torgerson MOVED amendment #1 and WITHOUT OBJECTION                     
it was ADOPTED.                                                                
                                                                               
Senator Adams MOVED amendment #2.  Co-chair Sharp requested                    
that some line numbers be inserted on page three line                          
fifteen and Senator Adams concurred.  (pause on record)                        
Senator Donley OBJECTED for discussion purposes.  Senator                      
Adams said rural elders were being moved into Anchorage and                    
basically the services needed to be coordinated.  He wanted                    
a review of the existing elder care services in rural Alaska                   
to make it compatible with the pioneer home system.  Senator                   
Donley voiced his concern with the setting up of a task                        
force under the Administration because he felt they grasped                    
for something that was not originally intended by the                          
Legislature or statutes.   Senator Parnell voiced his                          
concern along similar lines.  He recommended the deletion of                   
"rural" because the care should be provided all elders                         
throughout the State.                                                          
                                                                               
Senator Phillips MOVED amended amendment #2 to delete after                    
"demands" and insert "."  WITHOUT OBJECTION it was ADOPTED.                    
                                                                               
Senator Donley MOVED amended amendment #2 to delete "rural"                    
and insert "including rural Alaska".  WITHOUT OBJECTION it                     
was ADOPTED.                                                                   
                                                                               
Co-chair Sharp asked the committee if there was any                            
objection to amended amendment #2 and WITHOUT OBJECTION it                     
was ADOPTED.                                                                   
                                                                               
Senator Phillips MOVED amendment #3 and referred to page                       
two, line twenty-one.  Senator Adams requested the amendment                   
be submitted in writing.  Senator Phillips indicated that he                   
would have the drafters come up with the appropriate                           
amendment #3 to be submitted on the Senate Floor.  There                       
being no objection, Senator Phillips MOVED SCR 11(FIN) out                     
of committee and WITHOUT OBJECTION it was REPORTED OUT with                    
included conceptual amendment #3 and accompanying fiscal                       
notes:  LAA/Leg. Council, $20.7; Gov./Exec.Operation, zero;                    
and Department of Commerce and Economic Development, zero.                     
                                                                               
SENATE BILL NO. 337                                                            
                                                                               
"An Act relating to the mandatory incorporation of                             
certain boroughs in the unorganized borough and to                             
certain third class boroughs; and providing for an                             
effective date."                                                               
                                                                               
Co-chair Sharp recalled SB 337 before the committee.  He                       
noted the section summary in the file provided by Tam Cook                     
from Legislative Legal.                                                        
                                                                               
Senator Adams voiced concern over the propriety of the bill                    
before this committee.  He said it should properly be before                   
Community and Regional Affairs committee with like bill, SB
30.  The debate regarding mandatory boroughs was already                       
before this committee.                                                         
                                                                               
Co-chair Sharp noted the concern of Senator Adams and also                     
that objection was voiced on the Senate Floor.                                 
                                                                               
Tam Cook, Director, Legal Services, Legislative Affairs                        
Agency was invited to join the committee.  She briefly                         
walked the committee through the section summary.  She noted                   
that there have been mandatory borough proposals before the                    
Legislature since the Fourteenth Legislative Session.  She                     
explained that the bill required the incorporation of areas                    
currently in the unorganized borough into third class                          
boroughs, but it would treat the third class borough                           
differently with respect to providing education.  She said                     
as far as she was aware the Legislature had never considered                   
a  bill such as this.  Essentially, the bill required                          
incorporation of third class boroughs along the lines that                     
the local boundary commission has recommended for borough                      
incorporation but would preserve home rule cities and first                    
class cities within the new third class boroughs the power                     
to continue to be independent school districts.  The bill                      
contemplated the creation of a type of third class borough                     
such as Haines.  It would not allow the borough, however, to                   
take over the education responsibility that is now being                       
provided by home rule and first class cities in the                            
unorganized boroughs.  She noted the cities would be part of                   
the borough but would continue to operate the school                           
districts same as presently.  Technical changes were made in                   
this bill to treat these particular types of cities in the                     
new boroughs as though they were not in a borough for the                      
purpose of exercising their own local taxing ability.  The                     
obvious dilemma posed by the bill is the fact that in a                        
third class borough the borough assembly serves as the                         
school board for that type of municipality.  Under this                        
bill, the cities, which would be operating independent                         
school districts, will none the less be part of the borough,                   
and those individuals would presumably be voting for the                       
borough assembly members.  She said there was no proposed                      
solution for that result at this time.  However, this was                      
the most interesting legal and practical problem the bill                      
raised at this time.                                                           
                                                                               
Senator Adams asked that the bill be reviewed section by                       
section.  He said he had further problem with the assembly                     
acting as a school board.                                                      
                                                                               
Ms. Cook said the findings and purpose was self-explanatory.                   
The second section was the heart of the mechanism that would                   
be used to form the new borough.  It placed the duty upon                      
Community and Regional Affairs to prepare incorporation                        
proposals for each of the model boroughs that have already                     
been identified by the local boundary commission.  During                      
this process there is a public hearing requirement.  The                       
proposal would outline the specifics that would apply to                       
each individual borough.  The State Assessor was required to                   
make an estimate of the true and full value of taxable                         
property in each of these boroughs within a fairly short                       
time period, by 1 January 1999.  However, the actual                           
boroughs would be phased in by Community and Regional                          
Affairs, depending on the size of the borough, over a four-                    
year period.  Receiving all the proposals at the same time                     
overwhelms neither the department nor the local boundary                       
commission.    The Constitution requires there be standards                    
for borough incorporation and those standards are actually                     
set out in statute.  If the local boundary commission                          
determines that a particular proposal does meet the                            
standards then the borough is set for incorporation.  They                     
can request changes to a proposal and send it back to                          
Community and Regional Affairs.   Once a proposal is                           
accepted by the local boundary commission then there is an                     
election of initial officers and there are time periods                        
within which the election must be held.  The borough                           
essentially will be incorporated once those initial officers                   
have been elected.                                                             
                                                                               
Senator Adams asked what would happen if no one ran for any                    
of the elected seats, there were no officers and they did                      
not want to be a borough.  Ms. Cook indicated there was no                     
mechanism to address that possibility in the bill.                             
                                                                               
Senator Phillips asked about a write-in possibility.  Ms.                      
Cook reiterated that possibility was not addressed.  She                       
noted that section five contained technical changes to                         
existing law, which included a change to the chapter dealing                   
with education.  She noted the different treatment for home                    
rule and first class cities in the new boroughs and the fact                   
that they would continue to be independent municipal school                    
districts.  The new third class boroughs would also be                         
school districts.  Section six was a technical amendment to                    
define the term "non-area wide".  Section seven was cleanup                    
language.  Section eight referred to property tax and the                      
taxing powers of cities located within boroughs.  She                          
removed the application of this section to third class                         
boroughs organized after a certain date.  Section nine was a                   
new amendment noting the assessment of taxes.                                  
                                                                               
Senator Adams, with reference to section eight, asked if                       
cities within a borough under present law would remain the                     
same if the bill were to pass?  Ms. Cook said only those                       
types of cities within the new boroughs would be affected.                     
It would not change existing situations with respect to                        
boroughs and cities currently in existence.  That was                          
achieved by saying the provisions only applied to third                        
class boroughs incorporated after a certain point in time,                     
i.e. 1 January 1999.  Therefore the present bill did not                       
alter the relationship in Haines between its city and its                      
borough.  She explained that existing law did not allow the                    
formation of any new third class boroughs.  Haines was the                     
only one being preserved with a slightly different                             
relationship as between the cities and the boroughs.                           
Section ten was the sales and use tax provision.  She                          
explained that it had been attempted in this section to keep                   
the home rule and first class cities independent of the                        
borough with respect to their power to collect sales and use                   
taxes.                                                                         
                                                                               
Senator Adams referring to home rule and first class cities                    
that collected the levy on sales and use tax, asked if it                      
went directly to them?  Ms. Cook concurred.  In further                        
response to Senator Adams she indicated that under existing                    
law a borough that imposes a tax on an area wide basis was                     
required to use that tax for an area wide service.  One that                   
collects a tax on a non-area wide basis was required to use                    
that tax for a non-area wide service.  Senator Adams further                   
inquired if a third class was area wide if there was only                      
one power and that was education?  Ms. Cook concurred.                         
                                                                               
Co-chair Sharp asked if establishing enclaves of present                       
cities, for school purposes, out of the new borough that                       
would be formed, what powers would that particular borough                     
have that the cities would participate in other than                           
schools?  Was not the only purpose of those boroughs going                     
to be schools?  Ms. Cook responded that essentially that was                   
correct.  Third class boroughs do have the power to                            
establish service areas.  A service area could include a                       
city or a portion or a city.  She explained this was with                      
respect to existing law having to do with third class                          
boroughs.  They had a very limited governmental authority,                     
the most limited of all the municipalities in the State.                       
They can only exercise the power of taxation and the power                     
of education on an area wide basis.  They do, however, have                    
the power to exercise other municipal functions on a service                   
area basis.                                                                    
                                                                               
Ms. Cook continued to section twelve, which made the act                       
conditional upon the passage of SB 36, which is now                            
presently in the House, and would change the formula                           
funding.  If a version of SB 36 did not pass in conjunction                    
with the way this bill was drafted, it would not take                          
effect.  Section thirteen noted an effective date of 1 July                    
1998.                                                                          
                                                                               
Senator Adams asked if the version of SB 36 referred to by                     
Ms. Cook was the same version, which passed the Senate?  Ms.                   
Cook indicated that it was not.  However, she said that the                    
way the present bill was drafted it stated that if any                         
version of SB 36 passed.  She said the committee may want to                   
alter this provision.                                                          
                                                                               
Co-chair Sharp thanked Ms. Cook for her time and assistance                    
to the committee.                                                              
                                                                               
Senator Adams asked if someone was available from the                          
Department of Community and Regional Affairs to testify on                     
the bill.                                                                      
                                                                               
Co-chair Sharp indicated that Pat Poland was present.                          
                                                                               
Pat Poland, Director, Division of Municipal and Regional                       
Assistance, Department of Community and Regional Affairs                       
testified before the committee via teleconference from                         
Anchorage.  He noted that Steve Van Sant, State Assessor was                   
also present via teleconference.                                               
                                                                               
He said the department had many major policy concerns                          
regarding the mechanisms proposed by this legislation.                         
These included equal protection issues, incompatibility with                   
the concept of borough government in Alaska, fiscal impacts                    
on first class and home rule cities in the unorganized                         
borough.  He noted that while the bill may enhance the                         
fundamental right of equal protection in some regards, it                      
would significantly diminish it in other respects.  For                        
example, he noted that the bill stipulated that each home                      
rule and first class city within a third class borough                         
incorporated after 1 January 1999 must operate a city school                   
district.  The same duty or authority was denied to home                       
rule and first class cities in third class boroughs formed                     
prior to 2 January 1999.  It also was denied to all other                      
organized boroughs.  The department is unaware of any                          
rational basis for treating home rule and third class cities                   
in third class boroughs formed after 1 January 1999                            
differently.  Another significant concern regarding equal                      
protection exists with respect to the election and operation                   
of the assemblies of those boroughs created under this                         
legislation that would include home rule and first class                       
cities.  Those assemblies would be comprised of residents of                   
the entire borough, including individuals living in home                       
rule and first class cities within the borough.  Yet, those                    
assemblies would be almost exclusively governing matters                       
with respect to education and taxation.  In a number of                        
instances, home rule and first class cities in the boroughs                    
to be formed under this legislation would comprise of                          
substantial or even majority population of the borough; this                   
circumstance being the result of a grossly inappropriate                       
form of local representation.  As written, the bill leaves                     
in place the provision of AS 29.20.300(b), which stipulates                    
the assembly of a third class borough was also the school                      
board for the borough.  Residents of the borough created                       
under this bill, who live inside home rule or first class                      
cities would seem to be unqualified or at least                                
inappropriate for the borough school board, since they would                   
be residents of a separate school district.  The department                    
further believed that this present bill was incompatible                       
with the traditional concept of borough government in                          
Alaska.  He said the intent of the legislation was to                          
provide for the uniform requirement of local contributions                     
and support of schools in all regions of the State.  The                       
legislation accomplishes that end by abandoning the borough                    
government concept in at least ten prospective boroughs,                       
which would include sixteen separate home rule or first                        
class cities.                                                                  
                                                                               
(Tape #81, Side B switched to Tape #82, Side A.)                               
                                                                               
Mr. Poland continued circumstances appeared to conflict with                   
the intent of Article 10, Section 7 of the Constitution,                       
which provides in relevant part that, "City shall be a part                    
of the borough in which they are located."  He noted that                      
borough governments were intended to provide essential                         
services on a regional basis and to use regional resources;                    
to serve both urban and rural areas.  He said SB 337                           
disregarded these fundamental principles.  The department                      
believed that third-class boroughs were not viable                             
institutions.  He referred to Haines and said they were the                    
only third class borough formed between 1968 - 1985.  Due to                   
inadequacies the Legislature repealed the law allowing the                     
incorporation of third-class boroughs thirteen years ago.                      
Some inadequacies were lack of area-wide planning, platting                    
and land use regulations, inability of third-class boroughs                    
to provide any area-wide service or function other than                        
education and taxation.  Further limitations on the third-                     
class borough have resulted in proliferation of service                        
areas to meet the needs of residents; conflicts within the                     
City of Haines which has effectively been forced to provide                    
certain services with benefit the entire Haines Borough,                       
specifically tourism activities.  Due to these conflicts,                      
both the City of Haines and the Haines Borough are                             
developing a petition to dissolve both local governments and                   
consolidate under home rule borough.  It was felt that if a                    
third-class borough could not function adequately under such                   
small circumstances, then it cannot be expected to function                    
adequately in a region encompassing vast areas with diverse                    
populations.  In referring to first class borough and home                     
rule cities the fiscal impact would be significant.  Certain                   
State and Federal funds would be eliminated.  The obligation                   
to provide education would continue, however, the funding                      
loss by the cities and gained by the new boroughs would be                     
required to be used to provide education services in areas                     
outside the cities only.  Unorganized areas would feel these                   
impacts most strongly.  Some impacts that could be                             
experienced were illustrated as follows:  Wrangell-                            
Petersburg would lose fifty percent of raw fish tax revenues                   
now being received based on fish processing occurring within                   
respective city boundaries.  Based on a five year average                      
Petersburg would lose $385,000 and Wrangell about $35,000.                     
These cities would no longer be eligible for Federal                           
payments under the National Forest Receipts Program or the                     
Federal Payment in Lieu of Taxes Program.  The combined                        
annual loss to these cities would be $700,000 for Petersburg                   
and $500,000 for Wrangell.  He further noted that the                          
Aleutians West Borough would annually lose $1.4 million in                     
fish tax.  Unalaska would lose $1.5 million; Cordova and                       
Valdez would lose their fish tax and also their Federal                        
National Forest Receipts Program; Craig, Klawock and                           
Hydaburg would suffer similar losses.  The creation of                         
boroughs would cause much resentment and animosity.  In                        
wrapping up, Mr. Poland said provisions penalizing the                         
formation of boroughs should be removed.                                       
                                                                               
Co-chair Sharp thanked Mr. Poland for reading his testimony                    
into the record and asked that a written copy be submitted                     
to the committee.  He asked how it could be justified                          
mandatory borough formations stifled economic development                      
when noting that borough formation was mandated back in the                    
'70's, even after public votes of two and three times                          
against it.                                                                    
                                                                               
Senator Phillips referred to a public outcry against paying                    
of local taxes a couple of weeks ago.  The answer was                          
definitely "no" in unorganized areas for education purposes.                   
(It is noted a malfunction in Senator Phillips' microphone.)                   
...at least this way they have local control how and where                     
money was being spent with regards to education.                               
                                                                               
Co-chair Sharp noted that there would be public testimony                      
this evening from 6:00 p.m. - 8:30 p.m.                                        
                                                                               
Senator Adams noted that the State Assessor was present and                    
asked regarding page two, line eighteen wherein the State                      
Assessor shall estimate the full and true value of the                         
property tax.  He said that in the past a mixture of                           
communities had been taken in order to try to get the full                     
and true value.  Specifically, he asked how would the                          
department get the true value of communities down in Lower                     
Kuskokwim?                                                                     
                                                                               
Steve Van Sant, State Assessor, Department of Community and                    
Regional Affairs testified via teleconference from                             
Anchorage.  He explained the Lower Kuskokwim would be                          
difficult.  The assessment would be more formula generated                     
as opposed to specific property evaluation.                                    
                                                                               
Senator Adams further asked if the formation of third-class                    
boroughs would cause the State of Alaska to lose any money                     
to new boroughs that would be formed; i.e. any pipeline tax?                   
                                                                               
Mr. Van Sant said the possibility certainly existed along                      
the pipeline corridor if more communities decided to levy a                    
property tax.  One recommendation by the department would be                   
that if the third-class boroughs are required to have a four                   
mill equivalency for local contribution for education, that                    
the evaluation of the pipeline corridor be excluded from                       
that full value.  Otherwise, it would force them to levy a                     
property tax, which would take the money out of the State's                    
general fund and put it into a local tax base.                                 
                                                                               
Senator Adams said the way the legislation was presently                       
written it provided for people throughout Alaska more                          
government and more taxes.  He asked if this would stifle                      
economic development; i.e. a mine in his district or Delta                     
Junction, by having to put taxes on the project or its                         
workers?    Mr. Van Sant said he could not answer this                         
question.                                                                      
                                                                               
Co-chair Sharp set aside this bill in and said it would be                     
taken up again this evening at 6:00 p.m. in order to hear                      
the public testimony scheduled at that time.  He called HB
53.                                                                            
                                                                               

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