Legislature(2007 - 2008)BARNES 124

02/28/2008 08:00 AM House COMMUNITY & REGIONAL AFFAIRS


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08:19:31 AM Start
08:19:54 AM HB356
08:46:24 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 356 MUNICIPAL PROPERTY TAX EXEMPTION TELECONFERENCED
Moved CSHB 356(CRA) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
    HOUSE COMMUNITY AND REGIONAL AFFAIRS STANDING COMMITTEE                                                                   
                       February 28, 2008                                                                                        
                           8:19 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Anna Fairclough, Co-Chair                                                                                        
Representative Gabrielle LeDoux, Co-Chair                                                                                       
Representative Sharon Cissna                                                                                                    
Representative Woodie Salmon                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Nancy Dahlstrom                                                                                                  
Representative Mark Neuman                                                                                                      
Representative Kurt Olson                                                                                                       
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 356                                                                                                              
"An Act  relating to an  exemption from municipal  property taxes                                                               
for  certain  real   property  that  is  exempt   from  levy  and                                                               
collection of  real property taxes  when conveyed by  the federal                                                               
government to  implement the Alaska Native  Claims Settlement Act                                                               
or when  conveyed under  a land exchange  authorized by  that Act                                                               
involving land  or an interest in  land that is made  exempt from                                                               
local property taxes by that  Act; and providing for an effective                                                               
date."                                                                                                                          
                                                                                                                                
     - MOVED CSHB 356(CRA) OUT OF COMMITTEE                                                                                     
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 356                                                                                                                  
SHORT TITLE: MUNICIPAL PROPERTY TAX EXEMPTION                                                                                   
SPONSOR(s): REPRESENTATIVE(s) STOLTZE                                                                                           
                                                                                                                                
02/06/08       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/06/08       (H)       CRA, FIN                                                                                               
02/28/08       (H)       CRA AT 8:00 AM BARNES 124                                                                              
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
REPRESENTATIVE BILL STOLTZE                                                                                                     
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Spoke as the sponsor of HB 356.                                                                          
                                                                                                                                
STEVE VAN SANT, State Assessor                                                                                                  
Department of Commerce, Community, & Economic Development                                                                       
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:     During  hearing  of   HB  356,  answered                                                             
questions.                                                                                                                      
                                                                                                                                
JIM ARNESEN, Corporate Lands and Regulatory Manager                                                                             
Eklutna, Inc. Board of Directors                                                                                                
Eagle River, Alaska                                                                                                             
POSITION STATEMENT:  Testified on HB 356.                                                                                     
                                                                                                                                
CURTIS MCQUEEN, Chief Executive Officer                                                                                         
Eklutna, Inc.                                                                                                                   
Eagle River, Alaska                                                                                                             
POSITION STATEMENT:  Testified in support of HB 356.                                                                          
                                                                                                                                
BARBARA DONATELLI, Senior Vice President                                                                                        
Administration and Government Relations                                                                                         
Cook Inlet Region, Inc. (CIRI)                                                                                                  
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 356.                                                                          
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
                                                                                                                                
CO-CHAIR ANNA FAIRCLOUGH called  the House Community and Regional                                                             
Affairs  Standing  Committee  meeting  to order  at  8:19:31  AM.                                                             
Representatives  Fairclough,  LeDoux,  Cissna,  and  Salmon  were                                                               
present at the call to order.                                                                                                   
                                                                                                                                
HB 356-MUNICIPAL PROPERTY TAX EXEMPTION                                                                                       
                                                                                                                                
8:19:54 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  FAIRCLOUGH announced  that the  only order  of business                                                               
would be  HOUSE BILL NO.  356, "An  Act relating to  an exemption                                                               
from municipal property  taxes for certain real  property that is                                                               
exempt  from levy  and  collection of  real  property taxes  when                                                               
conveyed  by  the  federal government  to  implement  the  Alaska                                                               
Native  Claims  Settlement Act  or  when  conveyed under  a  land                                                               
exchange authorized by that Act  involving land or an interest in                                                               
land that is  made exempt from local property taxes  by that Act;                                                               
and providing for an effective date."                                                                                           
                                                                                                                                
8:20:20 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE BILL  STOLTZE, Alaska State  Legislature, speaking                                                               
as the  sponsor of HB  356, explained  that he introduced  HB 356                                                               
after being  approached by  Eklutna, Inc.,  which is  the largest                                                               
private  land  holder  in  the Municipality  of  Anchorage.    He                                                               
directed  attention  to  the fiscal  note  analysis,  which  read                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     This  legislation would  expand  the  list of  property                                                                    
     exempt from municipal taxation  to include certain real                                                                    
     property  of  native  corporations conveyed  under  the                                                                    
     Alaska Native Claims Settlement  Act (ANCSA) when it is                                                                    
     exchanged  with  a  municipality   and  not  leased  or                                                                    
     developed.                                                                                                                 
                                                                                                                                
     While  this legislation  has no  fiscal  impact on  the                                                                    
     operations  of   the  division,   it  would   have  the                                                                    
     potential  of creating  a positive  economic impact  on                                                                    
     local  municipalities.  It would  allow  municipalities                                                                    
     and  native  corporations  to  exchange  lands  without                                                                    
     immediate property  tax consequences. This  exchange of                                                                    
     lands  could  expedite  development  of  lands  by  the                                                                    
     native  corporations in  exchange for  lands which  the                                                                    
     municipality  may   need  for  public  uses,   such  as                                                                    
     recreational uses and public schools.                                                                                      
                                                                                                                                
REPRESENTATIVE STOLTZE  highlighted that Eklutna, Inc.,  owns the                                                               
sites  of two  schools in  the area  and leases  the land  to the                                                               
Municipality  of  Anchorage for  $1  a  year.   Land  trades  are                                                               
important as illustrated by the  Mount Baldy land swap.  However,                                                               
Eklutna, Inc.,  ends up trading  nontaxable property  for taxable                                                               
property.    Eklutna,  Inc.,  he  related,  isn't  interested  in                                                               
selling and  developing all of  its land,  but rather is  a small                                                               
cooperation looking  to the future.   The legislation  allows the                                                               
Title 29 exemption  for something that local  governments want to                                                               
do.                                                                                                                             
                                                                                                                                
8:26:05 AM                                                                                                                    
                                                                                                                                
CO-CHAIR LEDOUX asked  if under current law  a municipality would                                                               
be  required to  tax the  land  for which  a Native  organization                                                               
swapped its land.                                                                                                               
                                                                                                                                
REPRESENTATIVE STOLTZE replied yes.                                                                                             
                                                                                                                                
CO-CHAIR LEDOUX surmised then that  the municipality doesn't have                                                               
a choice  with regard to whether  to tax the property  the Native                                                               
organization receives in a land exchange.                                                                                       
                                                                                                                                
REPRESENTATIVE STOLTZE  clarified that  the municipality  has the                                                               
choice with  regard to accepting  the land trade,  but exemptions                                                               
to tax have to be set in statute under Title 29.                                                                                
                                                                                                                                
8:28:43 AM                                                                                                                    
                                                                                                                                
STEVE  VAN   SANT,  State   Assessor,  Department   of  Commerce,                                                               
Community, &  Economic Development, explained that  under current                                                               
law  unless  land  is  given   under  the  Alaska  Native  Claims                                                               
Settlement Act (ANCSA), it can't  be exempt.  Therefore, any land                                                               
traded to ANCSA corporations would  be taxable.  This legislation                                                               
is  necessary  and  clarifies  matters  for  municipalities,  the                                                               
department,  and Native  organizations.   He then  explained that                                                               
there   are  no   fiscal  ramifications   because  municipalities                                                               
currently  don't  pay  taxes  on   their  properties  and  Native                                                               
corporations don't pay taxes on  undeveloped property or property                                                               
that's not  leased.  Therefore, under  HB 356 if the  property is                                                               
undeveloped  or  not  leased  at  the  time  of  the  trade,  the                                                               
exemption remains.                                                                                                              
                                                                                                                                
8:30:54 AM                                                                                                                    
                                                                                                                                
JIM  ARNESEN, Corporate  Lands and  Regulatory Manager,  Eklutna,                                                               
Inc., Board  of Directors, characterized  this legislation  as an                                                               
issue of  fairness.   State law  needs to  catch up  with federal                                                               
law, he said.  Native  corporations have been frustrated for many                                                               
years in these situations in which  it tries to do something good                                                               
for a  community by  trading lands with  a municipality,  but are                                                               
stuck  with the  tax bill.    Eklutna, Inc.,  in particular,  has                                                               
faced  this situation  due  to  its location.    He related  that                                                               
Eklutna, Inc., has had various  entities approach the corporation                                                               
desiring  to  trade  land.     It  doesn't  make  sense  for  the                                                               
corporation to  trade undeveloped lands on  which the corporation                                                               
doesn't pay taxes for undeveloped lands  on which it will have to                                                               
pay taxes.   The Mount Baldy  exchange is a prime  example of the                                                               
aforementioned.                                                                                                                 
                                                                                                                                
8:33:35 AM                                                                                                                    
                                                                                                                                
CURTIS MCQUEEN,  Chief Executive Officer, Eklutna,  Inc., related                                                               
that Eklutna, Inc.,  has 167 shareholders, the  majority of which                                                               
live in Alaska,  in particular in the  Municipality of Anchorage.                                                               
He noted  that Eklutna owns  the land  on which five  schools sit                                                               
and  only charges  $10  a  year for  those.   The  aforementioned                                                               
illustrates the  commitment of the shareholders  to education and                                                               
growing  the community.   Eklutna,  Inc.,  is an  environmentally                                                               
friendly  and  pro-recreation  group   as  illustrated  with  the                                                               
participation  in the  Mount Baldy  land exchange.   Shareholders                                                               
have become concerned because the  corporation is being solicited                                                               
for more land  trades as urban sprawl occurs.   In fact, there is                                                               
a new  housing development at which  a school sight has  been set                                                               
aside.  The school district has  asked if Eklutna, Inc., would be                                                               
willing to  do a  land exchange  in that situation.   Due  to the                                                               
current situation  in which  the land  that Eklutna,  Inc., would                                                               
take would  be taxable,  the corporation can't  discuss it.   Mr.                                                               
McQueen stated  that Eklutna,  Inc., is  highly supportive  of HB
356.                                                                                                                            
                                                                                                                                
8:37:27 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SALMON  asked if  the current  law applies  to the                                                               
federal government.                                                                                                             
                                                                                                                                
MR. MCQUEEN explained  that currently ANCSA land  trades with the                                                               
federal and state  government are tax exempt, it's  only with the                                                               
municipality  that  it  becomes   taxable.    He  echoed  earlier                                                               
information that  Eklutna, Inc.,  is the  largest land  holder in                                                               
the Municipality of Anchorage, and  added that the corporation is                                                               
also a  significant land owner in  the Matanuska-Susitna Borough.                                                               
In  fact,  Eklutna, Inc.,  has  just  completed its  final  ANCSA                                                               
conveyance  selections  for an  additional  67,000  acres in  the                                                               
Matanuska-Susitna  Borough.   The  Matanuska-Susitna Borough  has                                                               
indicated that  it may be  interested in some future  land trades                                                               
with Eklutna, Inc.                                                                                                              
                                                                                                                                
8:38:57 AM                                                                                                                    
                                                                                                                                
BARBARA  DONATELLI,  Senior  Vice President,  Administration  and                                                               
Government Relations,  Cook Inlet  Region, Inc.  (CIRI), reminded                                                               
the committee  that CIRI is  1 of  the 12 Alaska  Native regional                                                               
corporations  created  by  an  Act  of Congress  in  1971.    Ms.                                                               
Donatelli related  CIRI's strong support  for HB 356.   She noted                                                               
that  CIRI is  a large  holder of  ANCSA lands  in the  Anchorage                                                               
vicinity.   The  lack  of an  express provision  such  as HB  356                                                               
stands as a substantial barrier to any land exchange.                                                                           
                                                                                                                                
8:41:12 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  FAIRCLOUGH,  upon determining  no  one  else wished  to                                                               
testify, closed the public hearing.                                                                                             
                                                                                                                                
8:41:27 AM                                                                                                                    
                                                                                                                                
MR.  VAN SANT  related his  impression that  the Municipality  of                                                               
Anchorage  assessor is  currently working  on a  land trade  with                                                               
Eklutna, Inc.,  and thus suggested  that perhaps  the legislation                                                               
should   be  made   retroactive  to   January  1,   2008.     The                                                               
aforementioned  would accommodate  any land  exchange that  would                                                               
occur this year.                                                                                                                
                                                                                                                                
8:42:06 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE STOLTZE said  he is amenable to such  a change, if                                                               
it's the will of the committee.                                                                                                 
                                                                                                                                
8:43:12 AM                                                                                                                    
                                                                                                                                
CO-CHAIR   FAIRCLOUGH   inquired   as   to   how   the   proposed                                                               
retroactivity  would  impact  the   current  land  exchange  with                                                               
Eklutna, Inc.                                                                                                                   
                                                                                                                                
MR. MCQUEEN said that such a  change would help tremendously.  He                                                               
informed  the committee  that the  [proposed land  exchange] went                                                               
before voters  in 2006, state  funding was appropriated  in 2007,                                                               
and then  work began with regard  to all the details.   The mayor                                                               
signed the  official paperwork, but Eklutna,  Inc., hasn't signed                                                               
the final paperwork for this  transaction.  This land exchange is                                                               
going through the planning and zoning  process at the moment.  To                                                               
make  this  legislation retroactive  would  result  in the  Mount                                                               
Baldy land exchange not being a taxable event.                                                                                  
                                                                                                                                
MR. ARNESEN related his support of the proposed retroactivity.                                                                  
                                                                                                                                
8:45:14 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  LEDOUX  moved  that   the  committee  adopt  Conceptual                                                               
Amendment 1, as follows:                                                                                                        
                                                                                                                                
     Page 4, line 1;                                                                                                            
          Delete "2009"                                                                                                         
          Insert "2008"                                                                                                         
                                                                                                                                
There being no objection, Conceptual Amendment 1 was adopted.                                                                   
                                                                                                                                
8:45:58 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  LEDOUX moved  to  report  HB 356,  as  amended, out  of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  notes.   There  being  no  objection, CSHB  356(CRA)  was                                                               
reported from  the House Community and  Regional Affairs Standing                                                               
Committee.                                                                                                                      
                                                                                                                                
8:46:24 AM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Community and Regional Affairs Standing Committee meeting was                                                                   
adjourned at 8:46 a.m.                                                                                                          

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