Legislature(1993 - 1994)
04/26/1994 01:00 PM House CRA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE COMMUNITY AND REGIONAL AFFAIRS
STANDING COMMITTEE
April 26, 1994
1:00 p.m.
MEMBERS PRESENT
Representative Harley Olberg, Chairman
Representative Jerry Sanders, Vice-Chair
Representative Ed Willis
Representative Bill Williams
Representative Cynthia Toohey
Representative John Davies
MEMBERS ABSENT
Representative Bunde
COMMITTEE CALENDAR
SCR 14: Relating to the naming of the Harold Z. Hansen
Hatchery at Main Bay in Prince William Sound.
SSSCR 14 PASSED OUT OF COMMITTEE WITH
INDIVIDUAL RECOMMENDATIONS
SB 164: "An Act providing that home rule cities in the
unorganized borough are school districts;
permitting the Local Boundary Commission to amend
petitions for incorporation or proposing municipal
boundary changes; applying existing standards of
incorporation for boroughs to unified
municipalities; applying existing standards of
incorporation for first class cities to
incorporation of a home rule city; and relating to
reclassification of first class or home rule
cities to second class cities, to municipal
reclassification and to public hearings on
reclassification, to formation of home rule cities
and unified municipalities through incorporation,
merger, or consolidation, to organization grants
and transitional assistance for unified
municipalities, to adoption of a home rule charter
by a second class city, to dissolution of
municipalities, to filing copies of an amended
home rule charter, and to regulations of the local
boundary commission dealing with standards and
procedures for municipal incorporation,
annexation, detachment, merger, consolidation,
reclassification, and dissolution."
CSSB 164 PASSED OUT OF COMMITTEE WITH
INDIVIDUAL RECOMMENDATIONS
SB 240: "An Act relating to an optional municipal tax
exemption for student housing for the University
of Alaska."
HEARD AND HELD
WITNESS REGISTER
DAN BOCKHORST, Supervisor
Local Boundary Commission Staff
Department of Community and Regional Affairs
333 W. 4th Avenue, Suite 220
Anchorage, AK 99501-2341
Phone: 269-4559
POSITION STATEMENT: Supported CSSB 164
WENDY REDMAN, Vice President, University Relations
University of Alaska
910 Yukon Drive
Fairbanks, AK 99775-2388
Phone: 474-6302
POSITION STATEMENT: Supported CSSB 240
PREVIOUS ACTION
BILL: SCR 14
SHORT TITLE: NAME HATCHERY AT MAIN BAY: H.Z. HANSEN
SPONSOR(S): SENATOR(S)KERTTULA,Lincoln,Duncan,
Zharoff,Frank,Adams,Donley,Kelly,Pearce,Jacko,
Miller,Rieger,Salo,Sharp,Leman
JRN-DATE JRN-PG ACTION
02/04/94 2681 (S) READ THE FIRST TIME/REFERRAL(S)
02/04/94 2682 (S) CRA, RES
02/22/94 2911 (S) SPONSOR SUBSTITUTE
INTRODUCED-REFERRALS
02/22/94 2911 (S) CRA, RES
03/03/94 3054 (S) CRA RPT 5DP
03/03/94 3054 (S) ZERO FISCAL NOTE PUBLISHED(F&G)
03/03/94 (S) CRA AT 9:00 AM BUTROVICH RM 205
03/03/94 (S) MINUTE(CRA)
04/06/94 (S) RES AT 3:30 PM BUTROVICH RM 205
04/08/94 (S) RES AT 3:30 PM BUTROVICH RM 205
04/11/94 (S) RLS AT 00:00 AM FAHRENKAMP
ROOM 203
04/11/94 3548 (S) RES RPT 3DP 1NR
04/11/94 3548 (S) PREVIOUS ZERO FN (F&G)
04/13/94 3628 (S) RULES RPT 4CAL 1NR 4/13/94
04/13/94 3648 (S) READ THE SECOND TIME
04/13/94 3648 (S) PASSED Y19 N- A1
04/13/94 3651 (S) TRANSMITTED TO (H)
04/14/94 3423 (H) READ THE FIRST TIME/REFERRAL(S)
04/14/94 3423 (H) COMMUNITY & REGIONAL AFFAIRS
04/26/94 (H) CRA AT 01:00 PM CAPITOL 124
BILL: SB 164
SHORT TITLE: MUN INCORP/RECLASSIFICATION/DISSOLUTION
SPONSOR(S): COMMUNITY & REGIONAL AFFAIRS
JRN-DATE JRN-PG ACTION
03/16/93 825 (S) READ THE FIRST TIME/REFERRAL(S)
03/16/93 826 (S) CRA, JUDICIARY
03/30/93 (S) CRA AT 9:00 AM BUTROVICH RM 205
03/30/93 (S) MINUTE(CRA)
04/13/93 (S) CRA AT 9:00 AM BUTROVICH RM 205
04/13/93 (S) MINUTE(CRA)
04/20/93 (S) CRA AT 9:00 AM BUTROVICH RM 205
04/20/93 (S) MINUTE(CRA)
04/22/93 (S) MINUTE(CRA)
04/23/93 (S) CRA AT 9:00 AM BUTROVICH RM 205
04/24/93 (S) CRA AT 9:00 AM BUTROVICH RM 205
04/24/93 (S) MINUTE(CRA)
04/26/93 1758 (S) CRA RPT CS 2DP 2NR NEW TITLE
04/26/93 1758 (S) ZERO FISCAL NOTE TO SB & CS
(DCRA)
02/23/94 (S) JUD AT 01:30 PM BELTZ ROOM 211
03/02/94 3026 (S) JUD RPT CS 1DP 3NR NEW TITLE
03/02/94 3026 (S) ZERO FN TO CS PUBLISHED (DCRA)
03/16/94 (S) RLS AT 00:00 AM FAHRENKAMP
ROOM 203
03/16/94 (S) MINUTE(RLS)
04/18/94 (S) RLS AT 03:15 PM FAHRENKAMP
ROOM 203
04/19/94 (S) RLS AT 12:30 PM FAHRENKAMP
ROOM 203
04/20/94 3807 (S) RLS RPT CS 4DP & CALENDAR
4/20/94
04/20/94 3808 (S) PREVIOUS ZERO FN APPLIES TO CS
04/20/94 3811 (S) READ THE SECOND TIME
04/20/94 3811 (S) RLS CS ADOPTED UNAN CONSENT
04/20/94 3812 (S) ADVANCED TO THIRD READING UNAN
CONSENT
04/20/94 3812 (S) READ THE THIRD TIME
CSSB 164(RLS)
04/20/94 3813 (S) PASSED Y16 N2 E2
04/20/94 3824 (S) TRANSMITTED TO (H)
04/22/94 3659 (H) READ THE FIRST TIME/REFERRAL(S)
04/22/94 3660 (H) COMMUNITY & REGIONAL AFFAIRS
04/26/94 (H) CRA AT 01:00 PM CAPITOL 124
BILL: SB 240
SHORT TITLE: MUNICIPAL TAX CREDIT/STUDENT HOUSING
SPONSOR(S): SENATOR(S):PEARCE,Kelly,Kerttula,
Taylor,Frank,Miller,Sharp,Duncan,Donley
JRN-DATE JRN-PG ACTION
01/11/94 2469 (S) READ THE FIRST TIME/REFERRAL(S)
01/11/94 2469 (S) CRA, RES, FIN
01/14/94 2515 (S) CRA REFERRAL WAIVED
02/04/94 (S) RES AT 3:30 PM BUTROVICH RM 205
02/04/94 (S) MINUTE(RES)
02/09/94 (S) RES AT 3:30 PM BUTROVICH RM 205
02/14/94 (S) RES AT 3:30 PM BUTROVICH RM 205
02/14/94 (S) MINUTE(RES)
02/15/94 (S) RES AT 3:30 PM BUTROVICH RM 205
02/15/94 (S) MINUTE(RES)
02/18/94 2883 (S) RES RPT CS 4DP 1NR SAME TITLE
02/18/94 2883 (S) ZERO FNS TO SB & CS PUBLISHED
(DNR, F&G)
02/24/94 2957 (S) FIN RPT CS 5DP SAME TITLE
02/24/94 2958 (S) PREVIOUS ZERO FNS APPLY
(DNR, F&G)
02/24/94 (S) FIN AT 09:00 AM SENATE FIN 518
02/24/94 (S) MINUTE(FIN)
03/01/94 (S) RLS AT 01:00 PM FAHRENKAMP
ROOM 203
03/01/94 (S) MINUTE(RLS)
04/08/94 3529 (S) RETURNED TO FINANCE FROM RULES
04/14/94 (S) FIN AT 09:00 AM SENATE FIN 518
04/14/94 3663 (S) FIN RPT 2DCS 5DP NEW TITLE
04/14/94 3664 (S) ZERO FN TO 2DCS PUBLISHED (UA)
04/18/94 (S) RLS AT 03:15 PM FAHRENKAMP
ROOM 203
04/19/94 3782 (S) RLS RPT CS 1DP & CAL 1CAL 2NR
NEW TITLE
04/19/94 3782 (S) PREVIOUS ZERO FN APPLIES (UA)
04/19/94 3784 (S) READ THE SECOND TIME
04/19/94 3784 (S) RLS CS ADOPTED UNAN CONSENT
04/19/94 3784 (S) ADVANCED TO THIRD READING UNAN
CONSENT
04/19/94 3784 (S) READ THE THIRD TIME
CSSB 240(RLS)
04/19/94 3784 (S) COSPONSOR(S): KELLY, KERTTULA,
TAYLOR,
04/19/94 3784 (S) FRANK, MILLER, SHARP, DUNCAN,
DONLEY
04/19/94 3785 (S) PASSED Y19 N- E1
04/19/94 3789 (S) TRANSMITTED TO (H)
04/20/94 3618 (H) READ THE FIRST TIME/REFERRAL(S)
04/20/94 3618 (H) COMMUNITY & REGIONAL AFFAIRS
04/26/94 (H) CRA AT 01:00 PM CAPITOL 124
ACTION NARRATIVE
TAPE 94-20, SIDE A
Number 000
CHAIRMAN HARLEY OLBERG called the meeting to order at 1:05
p.m. He stated for the record that Representatives Toohey,
Williams, Davies and Sanders were present and noted that a
quorum was present.
SCR 14 - NAME HATCHERY AT MAIN BAY: H.Z. HANSEN
CHAIRMAN OLBERG brought forth SSSCR 14.
Number 025
REPRESENTATIVE CYNTHIA TOOHEY moved to pass SSSCR 14 out of
committee with individual recommendations.
There were no objections.
SB 164 - MUN INCORP/RECLASSIFICATION/DISSOLUTION
Number 033
CHAIRMAN OLBERG brought forth CSSB 164.
DAN BOCKHORST, SUPERVISOR, LOCAL BOUNDARY COMMISSION STAFF,
DEPARTMENT OF COMMUNITY AND REGIONAL AFFAIRS (DCRA),
testified in support of CSSB 164. He said, "Both the DCRA
and the Local Boundary Commission (LBC) strongly support
this bill. The bill makes fundamental improvements to the
laws that the state of Alaska regarding local government
structure. In many respects, it accommodates the needs of
Alaskans that have been expressed to the DCRA or to the LBC
over the past many years at various hearings and meetings
throughout the state. For example, it permits incorporation
of home rule cities and unified municipalities. It affirms
that home rule cities and boroughs may be permitted through
merger or consolidation. The bill permits first class
cities and home rule cities to reclassify as second class
cities. It establishes standards for city reclassification,
provides that the LBC will review city reclassification
proposals. Additionally, the bill affirms the commission's
(LBC) authority to approve or amend petitions and to adopt
regulations for matters that come before it..."
REPRESENTATIVE ED WILLIS joined the committee at 1:09 p.m.
Number 091
REPRESENTATIVE TOOHEY asked how the Alaska Municipal League
felt about this legislation.
CHAIRMAN OLBERG said, "I would say they are neutral, based
on their lack of attendance (here)."
REPRESENTATIVE WILLIS asked, "On page 4, line 20...what's
the difference between the `must' and the `shall'"?
MR. BOCKHORST said, "This was a preference that was
expressed by Tam Cook."
Number 125
REPRESENTATIVE DAVIES asked what the "motivations" and
"implications" are for having home rule cities defined as
school districts.
MR. BOCKHORST said, "It doesn't change the law. Home rule
cities and first class cities are already recognized as
being school districts if they are in the unorganized
borough. And the purpose of the amendment provision of
Section 1 is simply to make Title 14, Chapter 12 of the
state statutes comply with what is already stated in Title
29, Chapter 35, Section 260. Section 260 already says, that
home rule cities in an unorganized borough are city school
districts."
Number 165
REPRESENTATIVE TOOHEY moved to pass CSSB 164 out of
committee with individual recommendations.
There were no objections.
SB 240 - MUNICIPAL TAX CREDIT/STUDENT HOUSING
CHAIRMAN OLBERG brought forth CSSB 240.
Number 160
WENDY REDMAN, VICE PRESIDENT, UNIVERSITY RELATIONS,
UNIVERSITY OF ALASKA, said, "SB 240 is legislation which
amends the current tax statutes which would provide
municipalities the option of passing local ordinance to
provide a property tax exemption for the development of
student housing projects at the University of Alaska. It's
sort of a new trend around the country. There are now 13
states that are moving into this area of turning over their
student housing to private entities. I think that they can
build and operate it more efficiently, in most cases, than
the universities themselves can. We don't currently have an
option that we're ready to jump on but we have several
parties that have been interested in pursuing the option in
Anchorage and Fairbanks. Particularly in Fairbanks right
now. So we would like to get this legislation passed. It
certainly enhances our ability to go forward with this kind
of a proposal. It makes it much more attractive if we're
able to work with the municipality to see if they would be
willing to give the tax exemption while there is a private
leasehold, private interest in the university property."
Number 186
REPRESENTATIVE DAVIES said, "I've been in communication with
the Mayor of Fairbanks and he's a little bit concerned about
some of the issues here. I don't think anybody objects to
the intent here of trying to provide the option for
municipalities to provide some tax exempt status for
buildings that are designed exclusively for university
housing, but there are some dueling lawyers in the wings
here about exactly how this should be worded." He then
asked if this bill could be held over until the following
day, for the next Community and Regional Affairs Committee,
when some new "consensus language" might be presented.
CHAIRMAN OLBERG asked, "Who's involved in the consensus?"
REPRESENTATIVE DAVIES said, "The Fairbanks North Star
Borough and the University of Alaska."
CHAIRMAN OLBERG asked, "Is that an accurate depiction of the
University's wishes at this point?"
MS. REDMAN replied, "We have language which we think
resolves the issue for the municipality, or for the borough.
We have not been able to get a hold of their attorney with
our attorney to reach some closure on it. Their concern is
a legitimate concern. Part of the problem is that they're
concerned that somebody doesn't have a duplex in town and
just because the duplex happens to be housing at that
particular time exclusively university students, that
suddenly that person says we get to be tax exempt. And we
clearly don't intend that to happen either. So we're trying
to get some language in here which indicates that it has to
be on a contractual basis with the University of Alaska."
Number 222
CHAIRMAN OLBERG asked, "Is this something that we think that
we can resolve in 24 hours to everybody's mutual agreement?"
REPRESENTATIVE TOOHEY asked how many committees SB 240 was
referred to in the Senate and if this concern was brought
forth previously.
MS. REDMAN said, "It was in the Finance Committee and then
it had a substantive hearing in the Rules Committee because
of a change that was added in the Rules Committee, which
limited the municipalities to 30 year segments for the tax
exemption and allows them to do a second 30 years if they
wish... It did not come up and, in fact the way the bill is
currently written, we feel, our attorneys feel it would in
fact prevent exactly what the borough is concerned about.
However, to allay any fears with the borough, we're willing
to put in an amendment which will address their concern more
specifically."
Number 245
CHAIRMAN OLBERG said, "It will be preferable to do it here
than on the floor," and indicated that he would hold the
bill in committee until the following day's committee
meeting. He then adjourned the meeting at 1:17 p.m.
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