Legislature(1999 - 2000)

03/20/2000 09:02 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
SENATE BILL NO. 227                                                                                                             
"An Act relating to the limitation of levy of municipal                                                                         
ad valorem taxes in home rule and general law                                                                                   
municipalities; and providing for an effective date."                                                                           
                                                                                                                                
                                                                                                                                
This was the first hearing for this bill in the Senate                                                                          
Finance Committee. Co-Chair Torgerson stated his intent for                                                                     
the Committee to learn about the upcoming ballot initiative,                                                                    
99PTAR - An Act providing property tax and assessment                                                                           
relief, which this bill would amend if both measures were                                                                       
adopted into statute.                                                                                                           
                                                                                                                                
STEVE VAN SANT, State Assessor, Division of Municipal and                                                                       
Regional Assistance, Department of Community and Economic                                                                       
Development testified via teleconference from Anchorage                                                                         
about what the initiative would accomplish. He said the                                                                         
initiative would provide that the assessors will assess                                                                         
property at its market value until 2002 when assessments                                                                        
could be increased but only by two percent annually. He                                                                         
stated that the only exceptions to this was when a property                                                                     
sells or in the case of new construction. He was uncertain                                                                      
whether a major remodel would constitute a change in                                                                            
assessment.                                                                                                                     
                                                                                                                                
Mr. Van Sant listed the second implication of the initiative                                                                    
as a provision that would require a reassessment for                                                                            
properties that decrease in value in order to "follow that                                                                      
decrease down."                                                                                                                 
                                                                                                                                
Mr. Van Sant stated the initiative also requires that                                                                           
municipalities may not levy an ad valorem tax for any                                                                           
purpose in excess of one-percent, which he explained was a                                                                      
change from the current three-percent provision. He detailed                                                                    
that a one-percent ad valorem equaled ten mils and three-                                                                       
percent ad valorem equaled thirty mils.                                                                                         
                                                                                                                                
Mr. Van Sant continued that the bonded indebtedness is                                                                          
included in the ten-mil cap under the provisions of the                                                                         
initiative. Currently, he said bonded indebtedness was                                                                          
outside of the thirty-mil ceiling. He elaborated that the                                                                       
average mil rate in the state in 1999 was about 15 1/2 mils.                                                                    
He noted that several municipalities were under the ten mils                                                                    
but that several others were over.                                                                                              
                                                                                                                                
Mr. Van Sant pointed out a typographical error in the                                                                           
initiative language made by the measure's sponsor that                                                                          
nonetheless would change the municipalities' ability to                                                                         
assess business inventory based on a monthly assessment as                                                                      
opposed to the current January 1 assessment date. He relayed                                                                    
a question by an Anchorage Assembly Member to a state                                                                           
assessor about changing the city's methodology to the                                                                           
average monthly basis because most retailers tried to reduce                                                                    
most of their inventory as of January 1 and pay less tax.                                                                       
                                                                                                                                
Mr. Van Sant shared that currently, statute requires that                                                                       
"all taxes will be at the same rate." This initiative                                                                           
changes that language, he stated so theoretically, a city                                                                       
could charge a different rate to different property uses,                                                                       
such as commercial property versus personal property. He                                                                        
gave an example of the Kenai Peninsula Borough that might                                                                       
decide to charge commercial facilities at ten mils and                                                                          
residential property at five mils. He said the problem was                                                                      
the ten-mil cap remained.                                                                                                       
                                                                                                                                
Mr. Van Sant told the Committee that statute does not                                                                           
require property sales to be reported to an assessor, which                                                                     
would make it difficult to track such transactions in order                                                                     
to reassess property values. He stated that he has heard the                                                                    
argument claiming that the passage of the initiative would                                                                      
reduce the amount of staff needed in the assessor's office.                                                                     
He disagreed, saying that tracking property ownership                                                                           
transactions would require a great deal of effort. He added                                                                     
that the initiative still required the assessor to assess                                                                       
property to determine the increased or decreased value every                                                                    
year with the restriction of only raising the assessed value                                                                    
by two-percent per year.                                                                                                        
                                                                                                                                
Mr. Van Sant relayed another question he has been asked                                                                         
about how much money the state would realize out of oil and                                                                     
gas revenues if the measure passed. His answer was that for                                                                     
the first 5 years, there would not much new revenue from oil                                                                    
and gas. He explained that the North Slope and Valdez                                                                           
garnered the most revenues from "AS.43.56 properties," the                                                                      
oil and gas property. Most of that revenue from the North                                                                       
Slope goes to pay dept service, he noted and if the                                                                             
initiative passed, he predicted that Valdez would realize                                                                       
revenues that would have been received anyway.                                                                                  
                                                                                                                                
Co-Chair Torgerson noted the initiative allows a                                                                                
differential rate for commercial and personal property. He                                                                      
asked if the ten-mil provision applied to the total or to                                                                       
each category. He wondered if an average could be applied                                                                       
thus allowing a tax of 15 mils on commercial property and                                                                       
only five mils on personal property so long as the total of                                                                     
the jurisdiction was ten mils.                                                                                                  
                                                                                                                                
Mr. Van Sant responded that no more than ten mils could be                                                                      
charged because the total amount any local government could                                                                     
charge was ten mils. He did point out that in certain areas                                                                     
of the state governed by both a city and a borough                                                                              
government, the mil rate could be as high as 20 with each                                                                       
governing unit allowed ten mills. He gave an example of the                                                                     
City of Kenai, which could levy ten mils and the Kenai                                                                          
Peninsula Borough, which could levy another ten mils on the                                                                     
same property that was within both jurisdictions. This was                                                                      
allowed under the current thirty mils statutes, but he                                                                          
stressed this has never been realized. He warned that with                                                                      
the other ramifications of the initiative, twenty mils could                                                                    
begin to be levied where possible.                                                                                              
                                                                                                                                
Co-Chair Torgerson did not know why different mil rates                                                                         
could not be charged by category if the provision allowed a                                                                     
differential rate.                                                                                                              
                                                                                                                                
Mr. Van Sant conceded that Co-Chair Torgerson's comment was                                                                     
an argument that could be made. Mr. Van Sant also pointed                                                                       
out that the initiative read that many service areas could                                                                      
be lost because, under the total ten-mil cap, these areas                                                                       
would push the levy over the ten-mil cap. Something would                                                                       
have to give, he warned, either the service area or revenues                                                                    
for local government.                                                                                                           
                                                                                                                                
Co-Chair Torgerson then asked about bonded to indebtedness                                                                      
and if the witness had a legal opinion on whether or not                                                                        
voter approved debt would fall under the cap of the                                                                             
jurisdiction. He was unsure if the mill rate cap was                                                                            
constitutional.                                                                                                                 
                                                                                                                                
Mr. Van Sant had not yet received a legal opinion specific                                                                      
to Co-Chair Torgerson's concerns but predicted there would                                                                      
be many legal questions to be resolved including this                                                                           
matter. He shared that the consensus was to wait and see                                                                        
what happened with the election and address the concerns if                                                                     
the measure were adopted.                                                                                                       
                                                                                                                                
Senator Phillips asked under what authority could an                                                                            
unincorporated resident vote on a measure that would affect                                                                     
only incorporated residents. He relayed that he was                                                                             
receiving complaints from constituents saying that residents                                                                    
of unincorporated areas had no business voting on this                                                                          
initiative. Mr. Van Sant said there were legal questions                                                                        
about this as well, but that the ability to tax was a                                                                           
statewide ability and the proposed tax limit was a statewide                                                                    
limit rather than for a particular local government.                                                                            
                                                                                                                                
Co-Chair Torgerson suggested the Legislature's legal council                                                                    
could give some advice on these concerns.                                                                                       
                                                                                                                                
Senator Phillips requested a written legal opinion from the                                                                     
Division of Legal Services.                                                                                                     
                                                                                                                                
Senator Wilken questioned whether this initiative would                                                                         
actually be approved and placed on the ballot. Mr. Van Sant                                                                     
was unaware of any challenge to placing initiative on the                                                                       
ballot.                                                                                                                         
                                                                                                                                
SENATOR KIM ELTON testified that under the current system,                                                                      
local voters could vote whether to raise or lower their mil                                                                     
rate cap. Under the provisions of the initiative, he                                                                            
stressed the only local choice would be whether to lower the                                                                    
tax rate below ten mils.                                                                                                        
                                                                                                                                
Senator Elton then addressed SB 227 before the Committee                                                                        
saying it would make two significant amendments to the                                                                          
initiative. First, he said it would allow local voters to                                                                       
set a higher mil rate for their community. Secondly, he                                                                         
continued the bill would remove from the initiative, a                                                                          
portion of the provision that states future bonded debt must                                                                    
be held under the ten-mil cap. He explained that the deleted                                                                    
portion would be debt for schools so that when a school bond                                                                    
is placed on the ballot, voters don't' have to chose between                                                                    
schools and other essential services, such as public safety.                                                                    
                                                                                                                                
Senator Elton agreed with the Alaska Municipal League                                                                           
position that voters in other parts of the state have no                                                                        
right to set tax rates for communities they don't reside in                                                                     
without recourse by local voters.                                                                                               
                                                                                                                                
Senator Elton stated that the initiative creates a                                                                              
significant constitutional problem. He referred to Article                                                                      
10 Section 1.                                                                                                                   
                                                                                                                                
                                                                                                                                
Tape: SFC - 00 #54, Side A    10:36 AM                                                                                          
                                                                                                                                
                                                                                                                                
Senator Elton warned that the initiative would discourage                                                                       
communities from consolidating. He used Ketchikan as an                                                                         
example, telling of discussions to merge the borough                                                                            
government and the city government. If the initiative passed                                                                    
and the two governments consolidated, he stated that local                                                                      
government would have lost its ability to tax at a higher                                                                       
than ten-mil rate.                                                                                                              
                                                                                                                                
He detailed the backup information that included legal                                                                          
opinions from the Division of Legal Services. [Copy on file]                                                                    
One opinion addressed the legislature's ability to amend the                                                                    
language of an initiative.                                                                                                      
                                                                                                                                
Co-Chair Torgerson asked if that opinion actually said the                                                                      
legislature could amend initiative language. Senator Elton                                                                      
affirmed.                                                                                                                       
                                                                                                                                
Senator Elton continued that the other opinion speaks of                                                                        
whether an effective date of a bill could be predicated upon                                                                    
the passage of an initiative. The Division of Legal Services                                                                    
gave the opinion that the legislature has that ability as                                                                       
well. Senator Elton noted this was not an unusual provision                                                                     
reminding the Committee of the Frank Initiative that was                                                                        
predicated upon voter approval of a capital move.                                                                               
                                                                                                                                
Co-Chair Torgerson asked if the legislature has a history of                                                                    
amending the language of an initiative. Senator Elton was                                                                       
unsure.                                                                                                                         
                                                                                                                                
There was some discussion about previous campaign finance                                                                       
reform issues.                                                                                                                  
                                                                                                                                
Senator Elton continued detailing the backup material that                                                                      
showed different communities, their current tax rates and                                                                       
the effects of the mill rate cap.                                                                                               
                                                                                                                                
Co-Chair Torgerson asked if the sponsor's intent with this                                                                      
legislation was to amend the law if the initiative were                                                                         
adopted but not to change the initiative itself. Senator                                                                        
Elton affirmed.                                                                                                                 
                                                                                                                                
KEVIN RITCHIE, Executive Director, Alaska Municipal League                                                                      
testified about the negative affects the initiative would                                                                       
have on municipalities. He stressed that local taxation is a                                                                    
local issue. He added that most of the larger communities in                                                                    
the state already had established tax caps. He listed those                                                                     
boroughs and municipalities that have charter or voter                                                                          
established tax caps.                                                                                                           
                                                                                                                                
Mr. Ritchie compared the initiative to Proposition 13 that                                                                      
was adopted several years before in the State of California.                                                                    
However, he pointed out that Alaska was not like California                                                                     
in many ways and also that voters in the State of Idaho had                                                                     
rejected a similar measure.                                                                                                     
                                                                                                                                
Mr. Ritchie detailed the impacts this initiative would have                                                                     
on the State Of Alaska including that the loss in the first                                                                     
year would add $125 to $150 million to the fiscal gap. He                                                                       
shared that the reason the amount was not certain was                                                                           
because of the uncertainty of whether the cap would be a                                                                        
maximum of ten mils or a total of 20 mils depending on the                                                                      
location of the property. According to the Department of Law                                                                    
this matter would most likely be litigated because the                                                                          
premise of a ten-mil cap in some places and a 20-mil cap in                                                                     
others did not make sense, he said.                                                                                             
                                                                                                                                
Mr. Ritchie continued with the impacts noting the two-                                                                          
percent assessment increase restriction. He relayed that                                                                        
California has had a 500 percent increase in property                                                                           
values, which was the inspiration behind Proposition 13.                                                                        
However, he noted that while Alaska sometimes has changes in                                                                    
property values these are never increases, only decreases.                                                                      
He referred to the economic difficulties in 1986 when                                                                           
Anchorage property lost approximately 50 percent of the                                                                         
assessed value. Since the property values have recovered, he                                                                    
elaborated existing property owners would have essentially a                                                                    
large tax break while others building new facilities or just                                                                    
bought a new house would not. Therefore, he said the                                                                            
individual tax burdens would be unequal.                                                                                        
                                                                                                                                
Mr. Ritchie stated that the initiative's bond provision were                                                                    
radical in that it would require all new bond provisions to                                                                     
be included under the ten-mil property tax cap even if                                                                          
approved by the local voters. He explained that this would                                                                      
require communities to eliminate some teachers and education                                                                    
programs to fund new school construction.                                                                                       
                                                                                                                                
Mr. Ritchie described the impacts to each community,                                                                            
specifically Anchorage and the municipality's current mil                                                                       
rate of 17.9 that included a debt service of 3.25 mils and                                                                      
the remainder going to other services. He noted that                                                                            
previous debt service was exempt from the cap under the                                                                         
provisions of the initiative, but noted that the deletion of                                                                    
the remaining 4.9 mils over the cap would cost $73 million                                                                      
dollars the next year. He calculated how this would affect                                                                      
the school district funding.                                                                                                    
                                                                                                                                
Co-Chair Torgerson clarified that the initiative does not                                                                       
prevent municipalities from imposing a different type of                                                                        
tax. Mr. Ritchie answered that was correct.                                                                                     
                                                                                                                                
Senator Phillips asked if the League planned to educate the                                                                     
public on the repercussions of the initiative before the                                                                        
election was held. Mr. Ritchie said it would.                                                                                   
                                                                                                                                
Senator Green knew there were many people who were                                                                              
discouraged by the cost of local government and their                                                                           
property taxes. She asked what the implications of the                                                                          
initiative would do to the real estate market saying she                                                                        
thought it was onerous.                                                                                                         
                                                                                                                                
Mr. Ritchie responded that if the initiative passed, there                                                                      
would be a strong incentive to not sell and to not build new                                                                    
buildings. He doubted there would be much growth in the                                                                         
construction industry.                                                                                                          
                                                                                                                                
Co-Chair Torgerson noted the bill's effective date is                                                                           
January 1, 2001 and asked if the severability clause in the                                                                     
legislation was standard with an initiative. Mr. Ritchie did                                                                    
not know.                                                                                                                       
                                                                                                                                
BONNIE WILLIAMS, Assembly Member, Fairbanks Northstar                                                                           
Borough, Chair, Finance Committee testified via                                                                                 
teleconference from Fairbanks in support of the bill. She                                                                       
encouraged the legislature to take a leadership role after                                                                      
the session ended to get information regarding the                                                                              
initiative to the voters.                                                                                                       
                                                                                                                                
Ms. Williams detailed the affect of the initiative on her                                                                       
borough. It was noted that a written description of the                                                                         
impacts was in the possession of the Committee. [Copy on                                                                        
file] She stressed that the community would have to come up                                                                     
with $16.9 million, lose road services, fire services and                                                                       
that generally, the ten-mil rate cap was a potential                                                                            
disaster for the borough. She noted that even if all                                                                            
nonessential services were eliminated, such as libraries and                                                                    
parks and recreation, only half of the needed money would be                                                                    
saved. She said the obvious loser would be the local school                                                                     
system because that was the only budget with adequate money                                                                     
to fill the gap. She added that the local voters have always                                                                    
supported funding for education and that the initiative                                                                         
would take away the ability for local support.                                                                                  
                                                                                                                                
Ms. Williams noted that the revenue tax had been in place,                                                                      
which has worked well. She stated that the borough attorney                                                                     
has advised the assembly that if the initiative passed both                                                                     
the tax cap and the revenue cap would be in place and the                                                                       
borough would not have an opportunity to obtain alternative                                                                     
revenue sources.                                                                                                                
                                                                                                                                
Co-Chair Torgerson asked how many jurisdictions have revenue                                                                    
caps. Mr. Ritchie listed the Fairbanks Northstar Borough,                                                                       
the Municipality of Anchorage, the City and Borough of                                                                          
Juneau, the Ketchikan Gateway Borough, Wrangell, Sitka,                                                                         
Petersburg, the Kodiak Island Borough and possibly the Kenai                                                                    
Peninsula Borough.                                                                                                              
                                                                                                                                
Co-Chair Torgerson stated that Ms. Williams' argument was                                                                       
that other revenues could not be implemented without a                                                                          
change to the local tax code, which would require local                                                                         
voter approval.                                                                                                                 
                                                                                                                                
Co-Chair Torgerson ordered the bill HELD in Committee.                                                                          

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