01/31/2008 08:00 AM House COMMUNITY & REGIONAL AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB285 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 285 | TELECONFERENCED | |
| *+ | HB 327 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE COMMUNITY AND REGIONAL AFFAIRS STANDING COMMITTEE
January 31, 2008
8:06 a.m.
MEMBERS PRESENT
Representative Anna Fairclough, Co-Chair
Representative Nancy Dahlstrom
Representative Mark Neuman
Representative Sharon Cissna
Representative Woodie Salmon
MEMBERS ABSENT
Representative Gabrielle LeDoux, Co-Chair
Representative Kurt Olson
COMMITTEE CALENDAR
HOUSE BILL NO. 285
"An Act relating to an optional exemption from municipal
property taxes for residences of widows and widowers of certain
members of the armed forces of the United States; and providing
that this Act may be known as the Sergeant Irving Hernandez,
Jr., Act."
- MOVED CSHB 285(CRA) OUT OF COMMITTEE
HOUSE BILL NO. 327
"An Act relating to shipping, sending, transporting, or bringing
alcohol to a local option area and providing alcohol to others
in the local option area, including penalties for violations;
relating to furnishing alcohol to a minor and to civil penalties
for licensees whose agents or employees furnish alcohol to a
minor; relating to manslaughter as a direct result of ingestion
of alcoholic beverages brought in violation of a local option
prohibition; relating to reports of the court concerning certain
alcohol violations by minors; making conforming amendments; and
providing for an effective date."
- BILL HEARING POSTPONED
PREVIOUS COMMITTEE ACTION
BILL: HB 285
SHORT TITLE: MUNI TAX EXEMPTION: COMBAT DEATHS
SPONSOR(s): REPRESENTATIVE(s) COGHILL
01/04/08 (H) PREFILE RELEASED 1/4/08
01/15/08 (H) READ THE FIRST TIME - REFERRALS
01/15/08 (H) CRA, FIN
01/31/08 (H) CRA AT 8:00 AM BARNES 124
WITNESS REGISTER
KAREN LIDSTER, Staff
Representative John Coghill
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 285 on behalf of the sponsor,
Representative Coghill.
JENNIFER YUHAS, Special Assistant
Mayor Jim Whitaker
Fairbanks North Star Borough
Fairbanks, Alaska
POSITION STATEMENT: Testified on HB 285.
STEVE VAN SANT, State Assessor
Anchorage Office
Division of Community and Regional Affairs
Department of Commerce, Community, & Economic Development
Anchorage, Alaska
POSITION STATEMENT: During hearing of HB 285, informed the
committee of the existing veterans exemption statute.
ACTION NARRATIVE
CO-CHAIR ANNA FAIRCLOUGH called the House Community and Regional
Affairs Standing Committee meeting to order at 8:06:05 AM.
Representatives Fairclough, Dahlstrom, Neuman, and Salmon were
present at the call to order. Representative Cissna arrived as
the meeting was in progress.
HB 285-MUNI TAX EXEMPTION: COMBAT DEATHS
8:07:35 AM
CO-CHAIR FAIRCLOUGH announced that the only order of business
would be HOUSE BILL NO. 285, "An Act relating to an optional
exemption from municipal property taxes for residences of widows
and widowers of certain members of the armed forces of the
United States; and providing that this Act may be known as the
Sergeant Irving Hernandez, Jr., Act."
8:07:52 AM
KAREN LIDSTER, Staff, Representative John Coghill, Alaska State
Legislature, presented HB 285 on behalf of the sponsor,
Representative Coghill. She explained that Representative
Coghill was approached by the Fairbanks North Star Borough after
it was approached by Sergeant Hernandez's widow who questioned
what options [for financial relief] are available for those
widows/widowers whose injured spouse died after serving in a
combat situation. This legislation allows the municipality to
adopt an ordinance allowing this proposed exemption. The
specifics of the ordinance, such as the qualifying criteria and
application procedure, would be left to the municipality to
determine.
8:10:44 AM
REPRESENTATIVE DAHLSTROM opined that the concept behind HB 285
is great. She then asked if the sponsor wants the property tax
exemption to stay in place for the lifetime of the
widow/widower. She also asked if the sponsor would consider the
legislation not being named after a specific individual in order
to acknowledge the many who have fallen.
MS. LIDSTER related that the intention of the sponsor is that
the specifics, such as eligibility criteria and the length of
the exemption, would be determined by the municipality. The
request for the naming the legislation came through the
conversations with the Fairbanks North Star Borough. However,
Ms. Lidster said that the sponsor is likely open to not naming
the legislation after a specific individual as many have given
their life for this country.
8:13:31 AM
REPRESENTATIVE NEUMAN, referring to page 1, line 13, related his
understanding that this legislation would only cover a
widow/widower whose spouse dies within 90 days of the injury.
MS. LIDSTER characterized the 90 days as a somewhat arbitrary
number that attempts to achieve balance in determining whether
the death is related to the injury on the battle field.
8:14:50 AM
REPRESENTATIVE NEUMAN remarked that he would like to eliminate
the 90-day stipulation because of the possibility of death later
that could be traced to the injury incurred during service. He
opined that if the cause of death can be traced to the injury,
the widow/widower should be covered.
8:16:12 AM
REPRESENTATIVE DAHLSTROM moved to adopt HB 285 as the working
document. There being no objection, it was so ordered.
CO-CHAIR FAIRCLOUGH opened the public hearing.
8:16:50 AM
JENNIFER YUHAS, Special Assistant, Mayor Jim Whitaker, Fairbanks
North Star Borough, began by thanking the sponsor for
introduction of HB 285 as the concept was requested by Mayor
Whitaker after meeting with Susan Hernandez. Mr. Yuhas related
that [the Fairbanks North Star Borough] would like to honor
those who have served this country. She reminded the committee
that the legislation leaves the specifics of the ordinance to
the municipalities, and therefore the municipality could decide
to terminate the exemption after the widow/widower remarries.
8:17:34 AM
REPRESENTATIVE NEUMAN commended the Fairbanks North Star Borough
for suggesting this legislation, which would ultimately result
in one of its residents paying less taxes.
8:18:11 AM
REPRESENTATIVE SALMON expressed concern with regard to the open-
ended ability of the municipality with regard to the specifics
of the ordinance. He also expressed concern with the
legislation specifying that the exemption would only apply if
the death due to the injury occurred within 90 days of the
injury. The injured individual could have extensive injuries
that linger for a year or more [before dying]. He opined that
the determination of whether the death was the result of the
injury sustained while serving on active duty should be
determined by a physician rather than being a matter of whether
the death occurred 90 days after the injury.
8:19:41 AM
MS. YUHAS remarked that the request to name the proposed law on
behalf of Sergeant Hernandez, Jr., wasn't meant to exclude
others who have lost their lives serving the country. With
regard to the 90-day stipulation, Ms. Yuhas informed the
committee that there is already a military definition as to who
qualifies as having died in combat. Therefore, she suggested
that perhaps that definition should be utilized.
8:20:29 AM
REPRESENTATIVE NEUMAN asked if the Fairbanks North Star Borough
already has manner in which it recognizes military personnel who
have been injured or killed in the line of duty.
MR. YUHAS responded that there are several ways in which
communities can honor military personnel. She reiterated that
Mayor Whitaker had requested that the name on the legislation
because of his conversation with Susan Hernandez.
8:22:09 AM
STEVE VAN SANT, State Assessor, Anchorage Office, Division of
Community and Regional Affairs, Department of Commerce,
Community, & Economic Development, informed the committee that
currently statute includes the disabled veterans exemption,
which is also available to widows/widowers. After discussions
with the attorney general's office, Mr. Van Sant relayed that as
soon as the widow/widower remarries, the exemption would be
removed. Therefore, passage of HB 285, which allows the
municipality the ability to specify whether the remarried
widow/widower would continue to receive the exemption, could
create a two-tier situation.
8:23:20 AM
CO-CHAIR FAIRCLOUGH asked if the language in HB 285 creates the
two-tier situation or should language be added to revert to the
"umbrella provision."
MR. VAN SANT related his understanding that under the existing
language of HB 285 the exemption would be removed unless the
municipal ordinance specifies otherwise.
8:24:06 AM
REPRESENTATIVE NEUMAN asked if the language on page 1, line 14,
through page 2, lines 1-2, addresses Mr. Van Sant's concern
because the language leaves the requirements and eligibility for
the exemption to the municipalities.
MR. VAN SANT reiterated that under existing state law the
exemption would be removed at the point the widow/widower
remarried. If the intent is otherwise, the language should
specify, he opined. He related his understanding that the
aforementioned language allows the municipality to continue or
discontinue the exemption once a widow/widower remarries.
8:27:08 AM
CO-CHAIR FAIRCLOUGH, upon determining no one else wished to
testify, closed the public testimony.
8:27:19 AM
REPRESENTATIVE DAHLSTROM moved that the committee adopt
Conceptual Amendment 1, as follows:
Page 1, line 3, following "States":
Delete "; and providing that this Act may be known
as the Sergeant Irving Hernandez, Jr., Act"
Delete line 7
Renumber accordingly.
Page 1, lines 12-13:
Delete "who, within 90 days after receiving the
injury,"
REPRESENTATIVE NEUMAN objected for discussion purposes. He then
inquired as to the sponsor's thoughts on Conceptual Amendment 1.
8:28:38 AM
MS. LIDSTER said that she didn't believe that the sponsor would
find removal of the name of Sergeant Hernandez problematic as
the borough can find a way to honor him. She related that the
sponsor wouldn't have a problem with the elimination of the 90-
day stipulation because the medical professionals would have the
knowledge as to whether the injury was the cause of death.
8:30:04 AM
REPRESENTATIVE NEUMAN removed his objection.
CO-CHAIR FAIRCLOUGH related her understanding from Ms. Yuhas
that not naming the legislation after Sergeant Hernandez isn't
problematic.
There being no further objection, Conceptual Amendment 1 was
adopted.
8:30:54 AM
REPRESENTATIVE NEUMAN characterized HB 285 as good legislation
that was made better by the adopted amendment.
8:31:11 AM
CO-CHAIR FAIRCLOUGH related her understanding from Mr. Van Sant
that unless a municipality specifies otherwise in its ordinance,
the state rules would be in place and the widow/widower won't
receive the exemption once the widow/widower remarries.
8:31:45 AM
REPRESENTATIVE CISSNA related her experience with remarrying and
speculated that many, particularly seniors, are merely living
together in order to avoid losing the benefits of their dead
spouse. She characterized the [removal of exemptions upon
remarriage] as a disincentive to marriage. Although in this
case the legislation is a good idea, this matter will need to be
addressed at some point, she said.
8:33:55 AM
REPRESENTATIVE NEUMAN related that he would rather leave it up
to the municipality to determine the specifics of the ordinance.
8:35:09 AM
REPRESENTATIVE NEUMAN moved to report HB 285, as amended, out of
committee with individual recommendations and the accompanying
fiscal notes. There being no objection, CSHB 285(CRA) was
reported from the House Community and Regional Affairs Standing
Committee.
8:35:50 AM
ADJOURNMENT
There being no further business before the committee, the House
Community and Regional Affairs Standing Committee meeting was
adjourned at 8:35 a.m.
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