Legislature(2013 - 2014)SENATE FINANCE 532

04/17/2014 09:00 AM Senate FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 379 OIL & GAS PROPERTY TAX TELECONFERENCED
Moved CSHB 379(FIN) Out of Committee
+= HB 234 EXTEND REGULATORY COMMISSION OF ALASKA TELECONFERENCED
Moved HB 234 Out of Committee
+= HB 308 ALASKA SECURITIES ACT EXEMPTIONS TELECONFERENCED
Moved HB 308 Out of Committee
+= HB 361 LICENSING OF BEHAVIOR ANALYSTS TELECONFERENCED
Moved HB 361 Out of Committee
+= HB 160 LICENSING OF ATHLETIC TRAINERS TELECONFERENCED
Scheduled But Not Heard
+ HB 328 BOARD/LICENSING OF MASSAGE THERAPISTS TELECONFERENCED
Scheduled But Not Heard
+= HB 121 COMMERCIAL FISHING & AGRICULTURE BANK TELECONFERENCED
Heard & Held
+= HB 204 SALMON & HERRING PRODUCT DEV'T TAX CREDIT TELECONFERENCED
Scheduled But Not Heard
+ HB 143 COMMERCIAL FISHING CREWMEMBER LICENSES TELECONFERENCED
Scheduled But Not Heard
+ HB 282 LANDLORD AND TENANT ACT TELECONFERENCED
Scheduled But Not Heard
+= HB 193 MUNICIPAL TAXATION OF TOBACCO PRODUCTS TELECONFERENCED
Scheduled But Not Heard
+= HB 231 CATTLE BRAND REGISTRATION TELECONFERENCED
Scheduled But Not Heard
+= HB 305 JUNK DEALER & METAL SCRAPPER LICENSING TELECONFERENCED
Scheduled But Not Heard
+= HB 19 PERM. MOT. VEH. REGISTRATION/TRAILERS TELECONFERENCED
Scheduled But Not Heard
+ Bills Previously Heard/Scheduled TELECONFERENCED
CS FOR HOUSE BILL NO. 379(FIN)                                                                                                
                                                                                                                                
     "An Act relating to the limitation on the value of                                                                         
     property taxable by a municipality; and providing for                                                                      
     an effective date."                                                                                                        
                                                                                                                                
9:16:44 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   BENJAMIN    NAGEAK,   SPONSOR,   introduced                                                                    
himself.                                                                                                                        
                                                                                                                                
Co-Chair  Meyer  asked  if  Representative  Nageak  had  any                                                                    
additional  comments.  Representative   Nageak  thanked  the                                                                    
committee for  considering the  legislation. He  stated that                                                                    
the legislation had been in the works for forty years.                                                                          
                                                                                                                                
Vice-Chair Fairclough wondered if the bill would affect the                                                                     
assessment of property value for the state.                                                                                     
                                                                                                                                
STEVE    VANSANT,    STATE    ASSESSOR,    ANCHORAGE    (via                                                                    
teleconference), responded that  the legislation changed the                                                                    
way the limitation  was calculated for oil  and gas property                                                                    
based on  the initial mil-rate  that was calculated  for two                                                                    
municipalities:  the North  Slope  Borough and  the City  of                                                                    
Valdez.  He stated  that there  were some  calculations that                                                                    
moved the percentage around 300  percent and 375 percent for                                                                    
the  North Slope  Borough. The  legislation would  allow the                                                                    
borough to  have more funds  in their operating  revenue, as                                                                    
opposed  to their  bond  debt, so  they  could maintain  the                                                                    
facilities that  had been bonded over  the years. Currently,                                                                    
there  was  no limitation  on  bonding,  so if  the  borough                                                                    
needed  more money  for certain  items they  could bond  and                                                                    
take  as  much  revenue  as  was  needed.  The  borough  had                                                                    
consistently  been  at  18.5  mil  rate,  so  there  was  no                                                                    
anticipation for  a change. He  also stated that  the Valdez                                                                    
mil-rate was  20 percent,  which was very  high for  the tax                                                                    
payer.  He  shared that  the  conversations  with the  North                                                                    
Slope  Borough showed  that the  bond debt  reduce, and  the                                                                    
revenue  would  be put  in  the  operating revenue,  so  the                                                                    
maintenance program could function  as desired. He felt that                                                                    
the bill would  not cost the state money, but  it could cost                                                                    
the state money.                                                                                                                
                                                                                                                                
Vice-Chair  Fairclough  queried  the  instance  on  how  the                                                                    
legislation  might   cost  the  state  money.   Mr.  Vansant                                                                    
responded  that the  North Slope  could charge  a 21.3  mil-                                                                    
rate, and generate an extra  $58 million. This would require                                                                    
payment  from everyone  in the  borough,  including the  oil                                                                    
companies  and the  local tax  payer. He  stressed that  the                                                                    
borough intended to  lower their bonded debt,  so they would                                                                    
not  need  to  raise  more  than an  18.5  mil-rate  in  the                                                                    
operating revenue in order to  generate more revenue for the                                                                    
maintenance program.                                                                                                            
                                                                                                                                
Vice-Chair Fairclough  queried the effect of  the state. Mr.                                                                    
Vansant replied that the borough  could raise their mil-rate                                                                    
to 21.3  it would cost the  state the extra revenue.  If the                                                                    
borough  did not  lower the  bonded debt,  they could  still                                                                    
raise $58 million,  which would cost the  state $58 million.                                                                    
He stressed  that the borough  intended to lower  their mil-                                                                    
rate by paying  off some of the bond debt,  so keeping their                                                                    
mil-rate  at 18.5  would give  them more  operating revenues                                                                    
and not need the bonded revenues.                                                                                               
                                                                                                                                
9:22:44 AM                                                                                                                    
                                                                                                                                
Vice-Chair  Fairclough  wondered  why  the  state  paid  the                                                                    
property  taxes  dollar  for  dollar  to  the  borough.  Mr.                                                                    
Vansant responded that the state  collected a mil-rate of 20                                                                    
on all  of the oil and  gas property in the  state. Of that,                                                                    
the  state gave  back  to the  local  municipalities at  the                                                                    
locally charged mil-rate.                                                                                                       
                                                                                                                                
Vice-Chair Fairclough  surmised that  there was  a statewide                                                                    
mil-rate, and  if a local  community taxed, the  state would                                                                    
forgo  revenue  at  the  state level  and  allow  the  local                                                                    
community control  of the  funds.   Mr. Vansant  agreed with                                                                    
that summation.                                                                                                                 
                                                                                                                                
Senator  Olson pointed  out that  the  borough could  reduce                                                                    
their  mil-rate,  which  would  bring more  revenue  to  the                                                                    
state.                                                                                                                          
                                                                                                                                
Co-Chair  Kelly  asked  for an  explanation  of  the  bonded                                                                    
indebtedness  versus   the  operating  costs.   Mr.  Vansant                                                                    
explained  that  currently,  municipalities had  a  mil-rate                                                                    
limit of 30 for operating  revenues. There was no limitation                                                                    
of what  a municipality  may charge to  repay bond  debt. He                                                                    
stated  that   there  were   two  sets   of  funds   that  a                                                                    
municipality could  accumulate: revenue  and bond  debt. The                                                                    
tax  limitation would  change the  current statute  from 225                                                                    
percent to  a variation  of 225, 300,  or 375  percent. That                                                                    
would   change  the   total  amount   of   dollars  that   a                                                                    
municipality may collect under  operating revenues. The bond                                                                    
debt still had  no limitation, so a  municipality could bond                                                                    
as long as there was a vote  to pay for the bonds. He stated                                                                    
that  the   bill  would  change  the   calculation,  so  the                                                                    
municipality   could  collect   more  operating   funds.  He                                                                    
remarked that the  borough wanted to lower  their bond debt,                                                                    
but was facing a limitation  on the operating revenue, which                                                                    
inhibited maintenance.                                                                                                          
                                                                                                                                
9:27:21 AM                                                                                                                    
                                                                                                                                
Senator  Bishop wondered  if the  legislation only  affected                                                                    
two boroughs.  Mr. Vansant replied  in the  affirmative. The                                                                    
only two  boroughs that were  reaching the limit:  the North                                                                    
Slope Borough and the City of Valdez.                                                                                           
                                                                                                                                
Co-Chair Meyer queried the number  of boroughs that would be                                                                    
impacted by the legislation.  Mr. Vansant replied that there                                                                    
were  only two  municipalities  that would  be impacted.  He                                                                    
said that there was  potential for Valdez, Kenai, Anchorage,                                                                    
and Mat-Su to get more oil and gas properties.                                                                                  
                                                                                                                                
Co-Chair  Meyer remarked  that there  was oil  production in                                                                    
the  Cook  Inlet, but  wondered  if  it  was not  enough  to                                                                    
matter.  Mr. Vansant  replied that  the  production did  not                                                                    
bring enough dollars to be impacted by the formula.                                                                             
                                                                                                                                
Senator   Olson  queried   Mr.   Elkins   position  on   the                                                                    
legislation, how  he planned to  lower the debt  service and                                                                    
its obligations in  order to keep the taxes  at a manageable                                                                    
level.                                                                                                                          
                                                                                                                                
ROB  ELKINS, DEPUTY  DIRECTOR,  ADMINISTRATION AND  FINANCE,                                                                    
NORTH   SLOPE  BOROUGH,   ANCHORAGE  (via   teleconference),                                                                    
replied that  under the adopted  budget for FY 15  there was                                                                    
$146  million available  for debt  service. The  borough had                                                                    
been  working  for  ten  years  to pay  down  its  debt.  He                                                                    
stressed that there were several  years when the borough had                                                                    
over $1 billion of debt. He  stressed that the effort to pay                                                                    
down the debt was done  with assumption that the legislation                                                                    
would  pass.  On   an  average  year,  there   would  be  an                                                                    
additional 14  to 16  percent owed on  top of  the principle                                                                    
payment. Therefore,  by bonding for light  duty vehicles and                                                                    
other  operating items,  it  costs an  additional  14 to  16                                                                    
percent  over  the  life  of   the  bond.  By  altering  the                                                                    
calculation,  the   North  Slope  Borough  could   move  the                                                                    
purchases  into the  operating budget  to save  tax dollars.                                                                    
He  felt  that  the  bill would  provide  the  borough  with                                                                    
flexibility,   and   the   borough  had   worked   hard   to                                                                    
systematically reduce its bond debt.                                                                                            
                                                                                                                                
Senator  Olson  pointed out  that  the  North Slope  Borough                                                                    
would lower its debt service in  order to keep the tax at an                                                                    
affordable rate.                                                                                                                
                                                                                                                                
9:32:46 AM                                                                                                                    
                                                                                                                                
Senator Dunleavy  wondered if there was  opposition from the                                                                    
sponsor's  district   to  the   legislation.  Representative                                                                    
Nageak replied  that he was  not aware of any  opposition to                                                                    
the bill.                                                                                                                       
                                                                                                                                
Senator  Hoffman   wondered  if  the  City   of  Valdez  was                                                                    
supportive   of  the   legislation.  Representative   Nageak                                                                    
replied that he was not aware  of any opposition to the bill                                                                    
from anyone, including the state.                                                                                               
                                                                                                                                
Co-Chair Meyer wondered  if there was any  opposition to the                                                                    
bill from  the City of  Valdez. Senator Bishop  replied that                                                                    
he was not aware of any opposition to the legislation.                                                                          
                                                                                                                                
Vice-Chair Fairclough  wondered if  there was  a cap  on the                                                                    
mil-rate   for  anyone   under  the   state's  jurisdiction.                                                                    
Representative  Nageak responded  that the  North Slope  was                                                                    
under  a cap  for the  previous 40  years. He  stressed that                                                                    
there  was   some  strain  when  there   was  a  substantial                                                                    
restriction.  He thought  that the  North Slope  Borough was                                                                    
the only municipality with a cap.                                                                                               
                                                                                                                                
Vice-Chair  Fairclough  remarked  that, in  her  experience,                                                                    
when there was a property  tax issue the tax payers demanded                                                                    
to  be   taxed  less.   She  noted   that  there   was  only                                                                    
representation  from the  community,  not the  tax payer  on                                                                    
this  legislation. She  asked  if  there was  a  cap in  the                                                                    
legislation.                                                                                                                    
                                                                                                                                
Vice-Chair  Fairclough  wondered  if there  were  exemptions                                                                    
from the  state in local communities  that established local                                                                    
exemptions. Mr.  Vansant wondered  if she  meant residential                                                                    
exemptions.                                                                                                                     
                                                                                                                                
Vice-Chair Fairclough clarified that  she was concerned over                                                                    
the  question of  raising  a mil-rate.  She  noted that  the                                                                    
people would  be taxed, if  the mil-rate was  increased. She                                                                    
wondered  if local  communities established  exemptions that                                                                    
transferred responsibility  of the property tax  payments to                                                                    
another  entity. Mr.  Vansant replied  that Anchorage  had a                                                                    
$20,000 residential exemption,  and six municipalities offer                                                                    
exemptions some  up to  $100,000. He  stated that  the North                                                                    
Slope  Borough   offered  a  residential  exemption   up  to                                                                    
$50,000, and  offered a  residential optional  exemption for                                                                    
senior citizens up to and additional $150,000.                                                                                  
                                                                                                                                
9:39:51 AM                                                                                                                    
                                                                                                                                
Vice-Chair  Fairclough wondered  if  Valdez offered  similar                                                                    
exemptions  for  their  property  tax  payers.  Mr.  Vansant                                                                    
responded that  Valdez only offered a  $20,000 exemption for                                                                    
residential property, and did  not offer any exemption above                                                                    
the state-mandated $150,000.                                                                                                    
                                                                                                                                
Vice-Chair  Fairclough  wondered  if  the  state  had  state                                                                    
authority over Valdez for the  mil-rate setting. Mr. Vansant                                                                    
responded that  all municipalities  were required  to exempt                                                                    
certain  properties such  as  churches, schools,  charitable                                                                    
properties, etc., whether  it was the city of  Valdez or any                                                                    
other municipality.  The City of  Valdez had also  opted out                                                                    
of all personal property exemptions.                                                                                            
                                                                                                                                
Vice-Chair Fairclough  wondered if there  were contributions                                                                    
to  schools.  Mr. Vansant  replied  in  the affirmative.  He                                                                    
stated  that  the  North  Slope   Borough  was  required  to                                                                    
participate at a 45 percent need.                                                                                               
                                                                                                                                
Vice-Chair  Fairclough  understood  that a  community  might                                                                    
believe that there  was a disadvantage with  a mil-rate cap,                                                                    
and wondered if  there should be a consideration  for a cap.                                                                    
Mr. Vansant  responded that  the bill had  a cap,  and would                                                                    
only raise  it from  the 225  percent formula  cap to  a 300                                                                    
percent formula  cap. He stated  that there was a  cap under                                                                    
AS 29.45.090 to  all municipalities of a  30 mil-rate, which                                                                    
was 3 percent for operating revenues.                                                                                           
                                                                                                                                
Vice-Chair  Fairclough  wondered  if the  reference  was  in                                                                    
Section  6 regarding  "not more  than 19  mil." Mr.  Vansant                                                                    
replied that the percentage was  outlined, and were set caps                                                                    
for  assessments, which  would  set caps  for the  collected                                                                    
revenues.  The  other cap  was  for  a  30 mil  rate,  which                                                                    
applied to all municipalities.                                                                                                  
                                                                                                                                
Senator Hoffman announced  that the bill did  not change the                                                                    
taxable mil  rates, but rather  asked for  flexibility about                                                                    
how the municipality  was limited to move  money between the                                                                    
operating and capital budgets.                                                                                                  
                                                                                                                                
9:46:17 AM                                                                                                                    
                                                                                                                                
Senator  Olson stressed  that this  legislation was  the top                                                                    
priority for the North Slope Borough.                                                                                           
                                                                                                                                
Vice-Chair  Fairclough  wondered  if the  mil-rate  cap  was                                                                    
voted on  by the people. Representative  Nageak replied that                                                                    
there was an ordinance that was passed each year.                                                                               
                                                                                                                                
Vice-Chair  Fairclough   stressed  that   she  was   not  in                                                                    
opposition  to the  bill, but  was attempting  to understand                                                                    
the consequences to the state.  She announced that the state                                                                    
could receive extra money or could lose up to $30 million.                                                                      
                                                                                                                                
MATT FONDER, DIRECTOR, TAX  DIVISION, DEPARTMENT OF REVENUE,                                                                    
ANCHORAGE (via teleconference), replied  that the bill could                                                                    
cause either  increased or decreased  revenue to  the state,                                                                    
because it depended on the  municipalities' responses to the                                                                    
bill.                                                                                                                           
                                                                                                                                
9:50:21 AM                                                                                                                    
                                                                                                                                
Co-Chair  Meyer  wondered  how  the  North  Slope  Borough's                                                                    
response to the  bill would impact the  state's revenue. Mr.                                                                    
Fonder  replied  that, if  the  borough  reduced their  debt                                                                    
service  payments  and kept  their  mil-rate  to the  state,                                                                    
there would  be no impact  to the state's revenue.  If their                                                                    
debt service remained  the same, and they  needed more funds                                                                    
for operating costs, they would  need to increase their mil-                                                                    
rate.                                                                                                                           
                                                                                                                                
Co-Chair Meyer asked if DOR had  a position on the bill. Mr.                                                                    
Fonder  replied that  DOR did  not  have a  position on  the                                                                    
legislation, but was available for questions.                                                                                   
                                                                                                                                
Senator  Hoffman surmised  that  the  legislation would  not                                                                    
impact the current work of  the North Slope Borough; it only                                                                    
gave  the  borough  flexibility to  meet  their  operational                                                                    
needs.                                                                                                                          
                                                                                                                                
Co-Chair   Meyer  felt   that   the   discussion  was   more                                                                    
complicated than necessary.                                                                                                     
                                                                                                                                
Senator  Olson  stressed  that there  was  no  incentive  to                                                                    
increasing the amount.                                                                                                          
                                                                                                                                
Vice-Chair  Fairclough stated  that it  was impressive  that                                                                    
the  North  Slope  had  decreased $1  billion  of  debt  and                                                                    
reduced it to $300 million.                                                                                                     
                                                                                                                                
Senator Bishop  felt that the  bill would allow  the borough                                                                    
to pay down the debt even faster.                                                                                               
                                                                                                                                
Vice-Chair Fairclough  MOVED to REPORT CSHB  379(FIN) out of                                                                    
committee   with   individual    recommendations   and   the                                                                    
accompanying fiscal  note. There being NO  OBJECTION, it was                                                                    
so ordered.                                                                                                                     
                                                                                                                                
CSHB  379(FIN) was  REPORTED  out of  committee  with a  "do                                                                    
pass"   recommendation   and   with   previously   published                                                                    
indeterminate fiscal note: FN2(REV).                                                                                            
                                                                                                                                
9:54:25 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:56:50 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                

Document Name Date/Time Subjects
HB 160 Legal Opinion.pdf SFIN 4/17/2014 9:00:00 AM
HB 160
Email Repsonse from Div. Corp,Busi, & Prof Licensing.pdf SFIN 4/17/2014 9:00:00 AM
HB 160
HB160 Amendment - Adams.msg SFIN 4/17/2014 9:00:00 AM
HB 160
HB328 Explanation of Changes.pdf SFIN 4/17/2014 9:00:00 AM
HB 328
HB328 House Bill 328 BoardLicensing of Massage Therapists - Zepp.msg SFIN 4/17/2014 9:00:00 AM
HB 328
HB328 Legal Opinion on Legislative Confirmation.PDF SFIN 4/17/2014 9:00:00 AM
HB 328
HB328 Letter of supporttestimony for HB328 - Gilmour.msg SFIN 4/17/2014 9:00:00 AM
HB 328
HB328 Sectional CSHB 328 version C.PDF SFIN 4/17/2014 9:00:00 AM
HB 328
HB328 Sponsor Statement.pdf SFIN 4/17/2014 9:00:00 AM
HB 328
HB328 Supporting Documents-AMTA Fact Sheet 2014.pdf SFIN 4/17/2014 9:00:00 AM
HB 328
HB328 Supporting Documents-Email Cheri Zepp 3-7-14.pdf SFIN 4/17/2014 9:00:00 AM
HB 328
HB328 Supporting Documents-Email Patty Collins 3-18-14.pdf SFIN 4/17/2014 9:00:00 AM
HB 328
HB328 Supporting Documents-Letter Chris Studebaker.pdf SFIN 4/17/2014 9:00:00 AM
HB 328
HB328 Supporting Documents-Letter Community Members 1 letter-56 signatur....pdf SFIN 4/17/2014 9:00:00 AM
HB 328
HB328 Supporting Documents-Letter Community Members 3-28-14.pdf SFIN 4/17/2014 9:00:00 AM
HB 328
HB328 Supporting Documents-Letter James Heston 2-27-2014.pdf SFIN 4/17/2014 9:00:00 AM
HB 328
HB328 Supporting Documents-Letter Jean Robinson 2-7-2014.pdf SFIN 4/17/2014 9:00:00 AM
HB 328
HB328 Supporting Documents-Letter Matt Schnellbaecher 2-12-2014.pdf SFIN 4/17/2014 9:00:00 AM
HB 328
HB328 Supporting Documents-Letter Mindy Jurik 2-19-2014.pdf SFIN 4/17/2014 9:00:00 AM
HB 328
HB328 Supporting Documents-Map of Regulated States.pdf SFIN 4/17/2014 9:00:00 AM
HB 328
HB328_Fiscal_Note_Testimony_dance_4 14 14.pdf SFIN 4/17/2014 9:00:00 AM
HB 328
HB 204 SCS for CS for SSHB204 work draft version Y.pdf SFIN 4/17/2014 9:00:00 AM
HB 204
HB204 - Ocean Beauty Letter.pdf SFIN 4/17/2014 9:00:00 AM
HB 204
HB 143 - Supporting Document - ADF&G - 2013.pdf SFIN 4/17/2014 9:00:00 AM
HB 143
HB 143 Changes between HB 143 and CS HB 143 (FSH).pdf SFIN 4/17/2014 9:00:00 AM
HB 143
HB 143 Changes between House Fisheries and Current House Finance version.pdf SFIN 4/17/2014 9:00:00 AM
HB 143
HB 143 Sponsor Statement.pdf SFIN 4/17/2014 9:00:00 AM
HB 143
HB 143 Supporting Document - Article Juneau Empire - June 2011.pdf SFIN 4/17/2014 9:00:00 AM
HB 143
HB 143 Supporting Document - DOL&WD - 2012.pdf SFIN 4/17/2014 9:00:00 AM
HB 143
CSHB 282 - Sectional Analysis (ver. Y).pdf SFIN 4/17/2014 9:00:00 AM
HB 282
HB 282 - Letter of Support - Abegg.pdf SFIN 4/17/2014 9:00:00 AM
HB 282
HB 282 - Letter of Support - Alaska Assoc. of Realtors.pdf SFIN 4/17/2014 9:00:00 AM
HB 282
HB 282 - Letter of Support - Hahn.pdf SFIN 4/17/2014 9:00:00 AM
HB 282
HB 282 - Sectional Analysis (L&C to JUD).pdf SFIN 4/17/2014 9:00:00 AM
HB 282
HB 282 - Sponsor Statement.pdf SFIN 4/17/2014 9:00:00 AM
HB 282
HB19 Please Move HB 19 to a vote - Dubuisson.msg SFIN 4/17/2014 9:00:00 AM
HB 19
HB 160 please read in to the record - Keller.msg SFIN 4/17/2014 9:00:00 AM
HB 160
HB234 LB&A Response to Questions 041414.pdf SFIN 4/17/2014 9:00:00 AM
HB 234