Legislature(2023 - 2024)BARNES 124

04/27/2023 08:00 AM House COMMUNITY & REGIONAL AFFAIRS

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 133 MUNICIPAL SERVICE AREA BOARD MEETINGS TELECONFERENCED
Heard & Held
+= HB 134 PROPERTY TRANSFER TAX; MUNI TELECOMM TAX TELECONFERENCED
Heard & Held
-- Public Testimony <Time Limit May Be Set> --
*+ HB 153 OIL AND GAS PROPERTY TAX TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
**Streamed live on AKL.tv**
                    ALASKA STATE LEGISLATURE                                                                                  
    HOUSE COMMUNITY AND REGIONAL AFFAIRS STANDING COMMITTEE                                                                   
                         April 27, 2023                                                                                         
                           8:04 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative CJ McCormick, Chair                                                                                              
Representative Kevin McCabe, Vice Chair                                                                                         
Representative Tom McKay                                                                                                        
Representative Justin Ruffridge                                                                                                 
Representative Rebecca Himschoot                                                                                                
Representative Donna Mears                                                                                                      
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Josiah Patkotak                                                                                                  
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                              
Representative Louise Stutes                                                                                                    
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                              
                                                                                                                                
HOUSE BILL NO. 133                                                                                                              
"An  Act  exempting  municipal   service  area  boards  from  the                                                               
requirements  of the  Open  Meetings Act;  and  providing for  an                                                               
effective date."                                                                                                                
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE BILL NO. 134                                                                                                              
"An  Act prohibiting  municipalities from  levying a  tax on  the                                                               
transfer of real  property; prohibiting the state  from levying a                                                               
tax on the  transfer of real property; and  relating to municipal                                                               
taxation of mobile telecommunications services."                                                                                
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE BILL NO. 153                                                                                                              
"An  Act relating  to oil  and gas  exploration, production,  and                                                               
pipeline  transportation property  taxes;  and  providing for  an                                                               
effective date."                                                                                                                
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 133                                                                                                                  
SHORT TITLE: MUNICIPAL SERVICE AREA BOARD MEETINGS                                                                              
SPONSOR(s): REPRESENTATIVE(s) SUMNER                                                                                            
                                                                                                                                
03/27/23       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/27/23       (H)       CRA, STA                                                                                               
04/27/23       (H)       CRA AT 8:00 AM BARNES 124                                                                              
                                                                                                                                
BILL: HB 134                                                                                                                  
SHORT TITLE: PROPERTY TRANSFER TAX; MUNI TELECOMM TAX                                                                           
SPONSOR(s): REPRESENTATIVE(s) COULOMBE                                                                                          
                                                                                                                                
03/27/23       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/27/23       (H)       CRA                                                                                                    
04/13/23       (H)       CRA AT 8:00 AM BARNES 124                                                                              
04/13/23       (H)       Heard & Held                                                                                           
04/13/23       (H)       MINUTE(CRA)                                                                                            
04/27/23       (H)       CRA AT 8:00 AM BARNES 124                                                                              
                                                                                                                                
BILL: HB 153                                                                                                                  
SHORT TITLE: OIL AND GAS PROPERTY TAX                                                                                           
SPONSOR(s): REPRESENTATIVE(s) GROH                                                                                              
                                                                                                                                
04/05/23       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/05/23       (H)       CRA, RES                                                                                               
04/27/23       (H)       CRA AT 8:00 AM BARNES 124                                                                              
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
REPRESENTATIVE JESSE SUMNER                                                                                                     
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  As prime sponsor, presented HB 133.                                                                      
                                                                                                                                
STEVE MENARD, Chief of Staff                                                                                                    
Representative Jesse Sumner                                                                                                     
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Gave the sectional analysis for HB 133 on                                                                
behalf of Representative Sumner, prime sponsor.                                                                                 
                                                                                                                                
JILL PARSON                                                                                                                     
Big Lake Road Service Area                                                                                                      
Big Lake, Alaska                                                                                                                
POSITION STATEMENT:  Gave invited testimony during the hearing                                                                
on HB 133.                                                                                                                      
                                                                                                                                
MOKIE TEW                                                                                                                       
Matanuska-Susitna Valley, Alaska                                                                                                
POSITION STATEMENT:   Gave invited  testimony during  the hearing                                                             
on HB 133.                                                                                                                      
                                                                                                                                
REPRESENTATIVE JULIE COULOMBE                                                                                                   
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  As prime sponsor, presented HB 134.                                                                      
                                                                                                                                
RYLEH BODYSELT                                                                                                                  
Fairbanks, Alaska                                                                                                               
POSITION  STATEMENT:   Gave invited  testimony in  support of  HB
134.                                                                                                                            
                                                                                                                                
BARBARA ANGAIAK                                                                                                                 
Homer, Alaska                                                                                                                   
POSITION  STATEMENT:   Gave invited  testimony in  support of  HB
134.                                                                                                                            
                                                                                                                                
MARK MASLEY                                                                                                                     
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:   Gave invited  testimony in  support of  HB
134.                                                                                                                            
                                                                                                                                
LARRY BURKE                                                                                                                     
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:   Gave invited  testimony in  support of  HB
134.                                                                                                                            
                                                                                                                                
CALLIE BACON                                                                                                                    
Seward Properties                                                                                                               
Seward, Alaska                                                                                                                  
POSITION  STATEMENT:   Gave invited  testimony in  support of  HB
134.                                                                                                                            
                                                                                                                                
TERRY BRYAN                                                                                                                     
Fairbanks, Alaska                                                                                                               
POSITION  STATEMENT:   Gave invited  testimony in  support of  HB
134.                                                                                                                            
                                                                                                                                
NILS ANDREASSEN                                                                                                                 
Alaska Municipal League                                                                                                         
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified during the hearing on HB 134.                                                                  
                                                                                                                                
TONJA MOSER, representing self                                                                                                  
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in support of HB 134.                                                                          
                                                                                                                                
REPRESENTATIVE CLIFF GROH                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  As prime sponsor, presented HB 153.                                                                      
                                                                                                                                
CAMERON EBERSOLD, Staff                                                                                                         
Representative Cliff Groh                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Gave the  sectional analysis for HB  153 on                                                             
behalf or Representative Groh, prime sponsor.                                                                                   
                                                                                                                                
COLLEEN GLOVER, Director                                                                                                        
Division of Tax                                                                                                                 
Department of Revenue                                                                                                           
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Answered questions  during the hearing on HB
153.                                                                                                                            
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
8:04:00 AM                                                                                                                    
                                                                                                                                
CHAIR  CJ  MCCORMICK  called the  House  Community  and  Regional                                                             
Affairs  Standing  Committee  meeting   to  order  at  8:04  a.m.                                                               
Representatives McKay,  Ruffridge, Himschoot, Mears,  McCabe, and                                                               
McCormick were  present at the call  to order.  Also  present was                                                               
Representative Louise Stutes.                                                                                                   
                                                                                                                                
           HB 133-MUNICIPAL SERVICE AREA BOARD MEETINGS                                                                     
                                                                                                                                
8:05:45 AM                                                                                                                    
                                                                                                                                
CHAIR MCCORMICK announced that the  first order of business would                                                               
be HOUSE BILL  NO. 133, "An Act exempting  municipal service area                                                               
boards  from  the requirements  of  the  Open Meetings  Act;  and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
8:06:05 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JESSE  SUMNER, Alaska State Legislature,  as prime                                                               
sponsor,  presented  HB  133.   He  read  the  sponsor  statement                                                               
[included in the committee packet], which read as follows                                                                       
[original punctuation provided]:                                                                                                
                                                                                                                                
     House Bill 133 would  give specific exemptions to local                                                                    
     municipalities on the Open Meetings Act.                                                                                   
                                                                                                                                
     Currently, the  Open Meetings  Act (OMA)  doesn't allow                                                                    
     for  Board   Supervisors  on   the  Road,   Safety  and                                                                    
     Assessment  (RSA) board  to ride  in the  same vehicle,                                                                    
     because of the  quorum statute in OMA.  For example, in                                                                    
     the Mat-Su  Borough, RSA is  an advisory  only position                                                                    
     appointed by  the Mayor.  These positions  are strictly                                                                    
     voluntary; with  no power to  contract or spend  any of                                                                    
     the Borough's money.                                                                                                       
                                                                                                                                
     Not  only would  this  change  incentivize local  board                                                                    
     members; which has  been a problem filling,  but in the                                                                    
     Mat-Su  Valley,   it  is  critical   to  get   all  the                                                                    
     Supervisors  together and  brainstorm  on  how best  to                                                                    
     solve Borough issues, without the cloud of the OMA.                                                                        
                                                                                                                                
     Currently,  in practice,  if a  board member  found out                                                                    
     something wrong  with a road,  he or she does  not have                                                                    
     the ability  to call others  on the board to  come look                                                                    
     at said  problem and discuss  solutions on  solving the                                                                    
     issue, because of the Open  Meetings Act. This is a big                                                                    
     problem for local municipalities  with an easy solution                                                                    
     set forth in this bill.                                                                                                    
                                                                                                                                
     Please join us in supporting HB 133.                                                                                       
                                                                                                                                
8:07:41 AM                                                                                                                    
                                                                                                                                
STEVE  MENARD,  Chief  of  Staff,  Representative  Jesse  Sumner,                                                               
Alaska  State Legislature,  gave  the sectional  analysis for  HB
133,  on behalf  of Representative  Sumner, prime  sponsor, which                                                               
read as follows [original punctuation provided]:                                                                                
                                                                                                                                
     Section I:                                                                                                               
                                                                                                                                
     Just a  small grammatical amendment  AS 44.62.310(d)(5)                                                                    
     from UPON to ON.                                                                                                           
                                                                                                                                
     And                                                                                                                        
                                                                                                                                
     Removes a  portion of AS 44.62.310(d)(8)  to ultimately                                                                    
     read  "meetings   of  municipal  service   area  boards                                                                    
     established under  AS 29.35.450    29.35.490."  This is                                                                    
     the heart of the Bill that  will give the power back to                                                                    
     local   municipalities   to  function   reasonable   in                                                                    
     deciding on  how best  to problem-solve  and not  be in                                                                    
     violation of the Open Meetings Act.                                                                                        
                                                                                                                                
     Section II:                                                                                                              
                                                                                                                                
     If passed, this would take effect immediately under AS                                                                     
     01.10.070©.                                                                                                                
                                                                                                                                
8:09:18 AM                                                                                                                    
                                                                                                                                
JILL PARSON, Big Lake Road Service  Area, explained she is on the                                                               
Road,  Safety,  and  Assessment  (RSA)   21  Big  Lake  Board  of                                                               
Supervisors, and stated that the  board is significantly impacted                                                               
by the Open  Meetings Act (OMA).  While all  meetings are open to                                                               
the public, that does not  work when observing road conditions is                                                               
the  reason   for  the  meeting   and  sight  visits   are  often                                                               
spontaneous and weather dependent.   She noted that board members                                                               
end  up driving  in  separate vehicles,  so they  do  not have  a                                                               
quorum of  their five-member board  in any  one vehicle.   If all                                                               
five  members traveled  in one  vehicle, they  could discuss  and                                                               
evaluate issues in  between stops - a valuable  and efficient way                                                               
to  find  solutions  to  road  problems.   Members  can  then  be                                                               
prepared with alternatives to present  to the public at regularly                                                               
scheduled monthly meetings in which the public participates.                                                                    
                                                                                                                                
8:11:27 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MEARS  observed  that   "the  work  folks  do  in                                                               
infrastructure"  is   underappreciated,  and  she   stressed  the                                                               
importance of  having site visits.   She said she  looked forward                                                               
to supporting the bill.                                                                                                         
                                                                                                                                
8:12:04 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCABE  offered his understanding that  the makers                                                               
of  the  statute assume  that  any  time  the board  members  get                                                               
together they  will be  talking about  common interests,  and the                                                               
ultimate authority for "the spend" comes from the assembly.                                                                     
                                                                                                                                
8:13:27 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SUMNER   replied  that  it  may   seem  like  the                                                               
Matanuska-Susitna Borough  is taking the  Act too  seriously, but                                                               
it may be the only municipality that has a standing injunction.                                                                 
                                                                                                                                
8:13:47 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCABE  confirmed his  understanding of  the legal                                                               
aspect, and said he thought there  is some intent to increase the                                                               
size of  the road service  area board in different  RSA districts                                                               
that currently cannot be increased,  due to the restrictions.  He                                                               
stated he supported the legislation.                                                                                            
                                                                                                                                
8:14:42 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RUFFRIDGE   asked  for  clarification   that  the                                                               
provisions  under HB  133  would ensure  the  service area  board                                                               
would still have  some kind of mechanism to have  a say in public                                                               
meetings, and  he questioned  what would  prevent the  board from                                                               
having all its meetings behind closed doors.                                                                                    
                                                                                                                                
8:15:25 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SUMNER  replied, "We did  bring the bill  that way                                                               
... as a bare bones approach to  this."  He said he did not think                                                               
it  would  be problematic  for  the  service  area boards  to  be                                                               
excluded from the  OMA, although he would consider  it a friendly                                                               
amendment if the  committee were to "put some side  rails" on the                                                               
legislation.                                                                                                                    
                                                                                                                                
8:15:52 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   SUMNER,  in   response   to   a  question   from                                                               
Representative Himschoot regarding board  discussion on the road,                                                               
said it would be difficult outside  of a public meeting to pass a                                                               
resolution.   It is the  assembly that ultimately has  the "purse                                                               
strings" and is accountable to the public.                                                                                      
                                                                                                                                
8:17:21 AM                                                                                                                    
                                                                                                                                
MR.  MENARD further  explained the  vital  point of  the bill  is                                                               
local authority, the assembly's ability  to set the parameters of                                                               
when  to meet,  what  to  discuss, and  when  to  present to  the                                                               
public.                                                                                                                         
                                                                                                                                
8:17:52 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCABE asked  if the borough code  sets the timing                                                               
and dates for RSA required meetings.                                                                                            
                                                                                                                                
REPRESENTATIVE SUMNER replied that  local government couldn't set                                                               
times and dates out in code  without the restriction that the OMA                                                               
has created.                                                                                                                    
                                                                                                                                
8:19:19 AM                                                                                                                    
                                                                                                                                
MOKIE  TEW gave  invited testimony  on  HB 133  and informed  the                                                               
committee he is a Matanuska-Susitna  Borough Assembly member.  He                                                               
explained that the  operation of the road  superintendent and RSA                                                               
supervisor  are  hindered  in   regard  to  responding  when  the                                                               
citizens call about road problems;  it is difficult for more than                                                               
one assembly  member to  go out  and look at  the problem  on the                                                               
road and  then report the  problem and possible solution  back to                                                               
the Mat-Su Borough road superintendent.   He stated that the bill                                                               
would allow  the road supervisors  to volunteer people,  and when                                                               
meetings take  place, solutions are formulated  and put together.                                                               
He stressed  that there is  no intention of excluding  the public                                                               
from the  meeting.  In conclusion,  he said that a  much stronger                                                               
team of people would be built  as a result of having a "volunteer                                                               
road supervisor."                                                                                                               
                                                                                                                                
8:24:14 AM                                                                                                                    
                                                                                                                                
CHAIR MCCORMICK  thanked Mr.  Tew for  his testimony  and invited                                                               
questions from the committee.                                                                                                   
                                                                                                                                
8:24:25 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MEARS  was curious  if anyone  had reached  out to                                                               
other areas  of the state to  find out if there  were any similar                                                               
issues or questions.                                                                                                            
                                                                                                                                
MR.  MENARD replied  he  did  not, that  this  was  brought as  a                                                               
specific issue in the Mat-Su Valley.                                                                                            
                                                                                                                                
8:26:04 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SUMNER  expressed his appreciation for  being able                                                               
to present HB 133.                                                                                                              
                                                                                                                                
8:26:13 AM                                                                                                                    
                                                                                                                                
CHAIR MCCORMICK announced that HB 133 was held over.                                                                            
                                                                                                                                
8:26:32 AM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 8:26 a.m. to 8:28 a.m.                                                                       
                                                                                                                                
        HB 134-PROPERTY TRANSFER TAX; MUNI TELECOMM TAX                                                                     
                                                                                                                                
8:28:15 AM                                                                                                                    
                                                                                                                                
CHAIR MCCORMICK announced  that the next order  of business would                                                               
be HOUSE  BILL NO. 134,  "An Act prohibiting  municipalities from                                                               
levying a tax  on the transfer of real  property; prohibiting the                                                               
state from  levying a tax on  the transfer of real  property; and                                                               
relating  to  municipal  taxation  of  mobile  telecommunications                                                               
services."                                                                                                                      
                                                                                                                                
8:28:25 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JULIE  COULOMBE,  Alaska  State  Legislature,  as                                                               
prime sponsor,  presented HB  134.   She paraphrased  the sponsor                                                               
statement  [included  in the  committee  packet],  which read  as                                                               
follows [original punctuation provided]:                                                                                        
                                                                                                                                
     HB 134  prohibits the state and  local governments from                                                                    
     imposing  real  estate   transfer  taxes,  fees,  other                                                                    
     assessments on sales,  grants, assignments, or transfer                                                                    
     of real property. A transfer  fee is an additional cost                                                                    
     that is increasingly being assessed  by local and state                                                                    
     governments for property transactions in other states.                                                                     
                                                                                                                                
     Over the  last several years  we have seen  an increase                                                                    
     in tax rates across America.  By increasing the cost of                                                                    
     purchasing a home, higher transfer  taxes have a ripple                                                                    
     effect on this pattern  of homeownership. Those seeking                                                                    
     to be  first-time homeowners  face great  upfront costs                                                                    
     to  purchase a  home,  thereby  reducing the  potential                                                                    
     number  of first-time  homebuyers. Families  seeking to                                                                    
     purchase  larger homes  may find  it difficult  to sell                                                                    
     their homes and/or find a  home. This impact extends to                                                                    
     seniors, who are  retired and on fixed  incomes and are                                                                    
     dependent on  selling their homes home  to help finance                                                                    
     their  retirement.  In  short, transfer  tax  increases                                                                    
     disrupt   a  lifecycle   model   of  housing,   whereby                                                                    
     households adjust their housing as their needs change.                                                                     
                                                                                                                                
     HB 134  will aid not  only homebuyers and  sellers, but                                                                    
     existing  real  estate  laws   overall  in  Alaska.  It                                                                    
     reassures the  state will not enact  additional charges                                                                    
     to real estate property  purchases which would increase                                                                    
     affordability for the housing market and raise real                                                                        
     estate economy.                                                                                                            
                                                                                                                                
     I respectfully request the support of my colleagues on                                                                     
     HB 134.                                                                                                                    
                                                                                                                                
8:30:14 AM                                                                                                                    
                                                                                                                                
CHAIR MCCORMICK welcomed invited testifiers.                                                                                    
                                                                                                                                
8:30:40 AM                                                                                                                    
                                                                                                                                
RYLEH BODYSELT gave invited testimony in  support of HB 134.  She                                                               
began  by mentioning  Alaska's several  military bases,  and that                                                               
military  personnel  often  face  challenges  when  it  comes  to                                                               
finding housing.   She  stated some of  the most  "gut wrenching"                                                               
experiences in her  career had been helping clients  that are not                                                               
able  to find  affordable housing.   She  opined that  HB 134  is                                                               
needed, as the  bill would help fight to  keep housing affordable                                                               
in Alaska.                                                                                                                      
                                                                                                                                
8:33:19 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HIMSCHOOT offered  her understanding that military                                                               
families have programs or federal  assistance that help them with                                                               
buying and selling  homes due to the transient  nature of serving                                                               
in the military.                                                                                                                
                                                                                                                                
8:33:52 AM                                                                                                                    
                                                                                                                                
MS. BODYSELT  confirmed there are  programs to help buy  and sell                                                               
homes -  most commonly  being VA loans  - but  military personnel                                                               
must be able to afford it.                                                                                                      
                                                                                                                                
8:34:24 AM                                                                                                                    
                                                                                                                                
BARBARA ANGAIAK gave invited testimony  in support of HB 134, and                                                               
she stated  the cost  of living  in Alaska  is already  high, and                                                               
affordable housing is  a huge factor for families as  well as the                                                               
ability to  attract and retain  employees in all sectors.   Added                                                               
fees on top of already high  prices cause even more problems, she                                                               
concluded.                                                                                                                      
                                                                                                                                
8:37:46 AM                                                                                                                    
                                                                                                                                
MARK  MASLEY gave  invited testimony  in support  of HB  134, and                                                               
expressed his belief that the bill  is critical for the future of                                                               
home ownership  in Alaska.   As other  testifiers have  noted, he                                                               
acknowledged that Alaska is facing  an affordable housing crisis.                                                               
The potential  for a transfer  tax could harm current  and future                                                               
homeowners,  in particular  first-time  buyers,  who are  already                                                               
facing  rising interest  rates, property  taxes, and  significant                                                               
financial  challenges that  affect  their ability  to purchase  a                                                               
home.   Senior  citizens on  fixed incomes,  he explained,  could                                                               
also be significantly  impacted by a transfer tax.   He urged the                                                               
committee to support HB 134 and thanked them for their time.                                                                    
                                                                                                                                
8:40:29 AM                                                                                                                    
                                                                                                                                
LARRY BURKE  gave invited  testimony in  support of  HB 134.   He                                                               
explained  that  the  transfer  tax  is  separate  from  recorded                                                               
mortgage  taxes;  the  transfer  tax is  not  tax  deductible  on                                                               
federal taxes.  He stressed his  support for moving HB 134 out of                                                               
committee.                                                                                                                      
                                                                                                                                
8:42:23 AM                                                                                                                    
                                                                                                                                
CALLIE  BACON,  Seward  Properties,  gave  invited  testimony  in                                                               
support of HB  134.  She stated  that a transfer tax  on the sale                                                               
of  real  estate would  be  harmful  to  the residents  of  rural                                                               
Alaska, and she  noted 45 percent of all buyer  clients served in                                                               
2022  were  first-time buyers,  and  affordability  is already  a                                                               
challenge.   People  in  rural communities  such  as Seward,  she                                                               
explained,  cannot  afford  a  real estate  transfer  tax.    She                                                               
stressed her opposition  to the transfer tax and  her support for                                                               
the passage of HB 134 that it may be heard by the full body.                                                                    
                                                                                                                                
8:44:33 AM                                                                                                                    
                                                                                                                                
TERRY  BRYAN gave  invited testimony  in  support of  HB 134  and                                                               
provided a brief  background of his time in title  insurance.  He                                                               
said  that  although  title  companies   would  not  be  directly                                                               
impacted by the  implementation of transfer fees, he  is still in                                                               
support  of  HB 134.    Adding  any  additional expense  to  home                                                               
ownership  would force  many first-time  home buyers  out of  the                                                               
market.  Being  the real estate industry is a  key economic force                                                               
in the  state of Alaska, the  legislature should look at  ways to                                                               
support and ensure the state's  growth, not to impede or handicap                                                               
the  path  to  homeownership.     He  stated  he  personally  and                                                               
professionally supports HB 134.                                                                                                 
                                                                                                                                
8:48:04 AM                                                                                                                    
                                                                                                                                
CHAIR MCCORMICK opened public testimony on HB 134.                                                                              
                                                                                                                                
8:48:14 AM                                                                                                                    
                                                                                                                                
NILS ANDREASSEN,  Alaska Municipal League, gave  testimony during                                                               
the  hearing of  HB 134.  He stated  not being  sure if  the bill                                                               
addresses housing  costs in  Alaska, and  the lack  of definition                                                               
within the bill does not help  clarify what a transfer is applied                                                               
to  and   would  require  a   definition  of  "transfer"   to  be                                                               
applicable.    He  highlighted   a  specific  concern  about  the                                                               
ambiguity of  the bill  and its effect  on local  government, and                                                               
its intent  to address the housing  crisis Alaska is facing.   He                                                               
encouraged the committee to spend  time on the housing crisis, as                                                               
well as the many other costs involved in housing consideration.                                                                 
                                                                                                                                
8:51:11 AM                                                                                                                    
                                                                                                                                
TONJA MOSER, representing  self, testified in support  of HB 134.                                                               
She noted her disagreement with  the last testifier, but said she                                                               
understood his  intent.   She stated her  concern is  that adding                                                               
another  tax  to  an already  expensive  transaction  would  make                                                               
housing  more unaffordable  than it  already is.   She  urged the                                                               
committee  to  work  towards positive  solutions  for  affordable                                                               
housing.                                                                                                                        
                                                                                                                                
8:52:43 AM                                                                                                                    
                                                                                                                                
CHAIR MCCORMICK,  after ascertaining  there was  no one  else who                                                               
wished to testify, closed public testimony on HB 134.                                                                           
                                                                                                                                
8:52:56 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  COULOMBE thanked  the committee  for hearing  the                                                               
bill,  and   to  the   testifier  referencing   definitions,  she                                                               
confirmed that  there are statutory definitions  for transferring                                                               
real property that can be given to the committee.                                                                               
                                                                                                                                
8:53:36 AM                                                                                                                    
                                                                                                                                
CHAIR MCCORMICK announced that HB 134 was held over.                                                                            
                                                                                                                                
8:53:44 AM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 8:53 a.m. to 8:55 a.m.                                                                       
                                                                                                                                
                 HB 153-OIL AND GAS PROPERTY TAX                                                                            
                                                                                                                                
8:55:13 AM                                                                                                                    
                                                                                                                                
CHAIR MCCORMICK announced that the  final order of business would                                                               
be  HOUSE  BILL  NO.  153,  "An  Act  relating  to  oil  and  gas                                                               
exploration,  production,  and pipeline  transportation  property                                                               
taxes; and providing for an effective date."                                                                                    
                                                                                                                                
8:55:27 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CLIFF GROH,  Alaska State  Legislature, as  prime                                                               
sponsor of  HB 153, paraphrased  the sponsor  statement [included                                                               
in  the  committee  packet],  which  read  as  follows  [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     Alaska's reliance on savings accounts to fill budget                                                                       
     deficits is no longer sustainable without risking the                                                                      
     future of the Permanent Fund. We need new revenues,                                                                        
     and changing the oil and property tax is one way to                                                                        
     raise new revenues in a predictable fashion.                                                                               
                                                                                                                                
     This bill proposes to increase the maximum mill rate                                                                       
     from 20 mills (2%) to 30 mills (3%) on the full and                                                                        
     true value of oil and gas property assessed under                                                                          
     Alaska Statute 43.56. Currently, the total mill rate                                                                       
     is capped at 20 mills, and municipalities may collect                                                                      
     taxes up to that amount. The State retains the                                                                             
     property tax not otherwise collected by                                                                                    
     municipalities, so the State's collections fall each                                                                       
     time a municipality raises its property tax rate.                                                                          
     Under this bill, the maximum municipal rate would                                                                          
     remain at 20 mills leaving local communities harmless,                                                                     
     but the State would tax an additional 10 mills that                                                                        
     would generate revenue reserved for the State.                                                                             
                                                                                                                                
     HB 153 offers a fixed and predictable cost for the oil                                                                     
     and gas industry. The petroleum property tax has not                                                                       
     been raised since its establishment in 1973, and the                                                                       
     proposed increase in the mill rate will offer a                                                                            
     reliable source of revenue for the State.                                                                                  
                                                                                                                                
     Depending on the price of oil, the property tax                                                                            
     increase would be offset by existing oil production                                                                        
     taxes and royalties. Given that offset the state would                                                                     
     net up to approximately $250 million in new revenue                                                                        
     under this bill each year.                                                                                                 
                                                                                                                                
     HB 153 suggests three tiers of designated                                                                                  
     appropriation, while not dedicating the funds:                                                                             
          • 50% to the capital income fund to help pay down                                                                     
     the deferred maintenance backlog;                                                                                          
          • 25% to the Department of Education and Early                                                                        
     Development for investments in early education,                                                                            
     including pre-K, childcare and early development; and                                                                      
          • 25% to higher education investment to enhance                                                                       
     the merit-based Alaska performance scholarship and                                                                         
     needs-based Alaska education.                                                                                              
                                                                                                                                
     HB 153 bill increases  an existing, predictable revenue                                                                    
     source to  improve Alaska's quality  of life  and build                                                                    
     opportunities  for future  generations.  Thank you  for                                                                    
     your consideration.                                                                                                        
                                                                                                                                
8:57:49 AM                                                                                                                    
                                                                                                                                
CAMERON EBERSOLD, Staff, Representative  Cliff Groh, Alaska State                                                               
Legislature,  on behalf  of Representative  Groh, prime  sponsor,                                                               
gave  the  sectional  analysis  for   HB  153  [included  in  the                                                               
committee packet],  which read  as follows  [original punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     Section 1: Amends AS 43.56.010(a) to include a new                                                                         
     subsection (2) that increases the maximum mill rate an                                                                     
     additional 10 mills. This only applies to taxable                                                                          
     property as defined under AS 43.56.210.                                                                                    
                                                                                                                                
     Section 2: Amends AS 43.56.010(d) with conforming                                                                          
     language. This clarifies the municipal property tax                                                                        
     under (a)(1) of the bill can only be credited to the                                                                       
     taxpayer.                                                                                                                  
                                                                                                                                
     Section 3: The estimated balance of the taxes                                                                              
     collected in section one of this bill may be                                                                               
     appropriated by the legislature as follows:                                                                                
                                                                                                                                
          1. 50% to the Alaska Capital Income Fund;                                                                             
          2. 25% to Department of Education and Early                                                                           
             Development for early childhood education                                                                          
             programs, including pre-elementary programs,                                                                       
             childcare, and educational programs; and                                                                           
          3. 25% to the Alaska higher education investment                                                                      
             fund.                                                                                                              
                                                                                                                                
     Section  4: Establishes  an effective  date of  January                                                                    
     1st, 2024.                                                                                                                 
                                                                                                                                
8:59:07 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCABE asked  whether a  dedicated fund  would be                                                               
established that  may not  be constitutional.   He  paraphrased a                                                               
section in the fiscal note, which read as follows:                                                                              
                                                                                                                                
     For  purposes of  this fiscal  note,  the property  tax                                                                    
     revenue increase  is shown  as Designated  General Fund                                                                    
     but this  bill directs  the legislature  to appropriate                                                                    
     revenue as  follows: (1) 50%  into the  Alaskan Capital                                                                    
     Income  Fund, (2)  25% to  Department of  Education and                                                                    
     Early Development  for specified programs, and  (3) 25%                                                                    
     into the Alaskan Higher Education  Fund. While the bill                                                                    
     directs the  aforementioned distribution,  the revenues                                                                    
     are  technically available  for  appropriation for  any                                                                    
     purpose.                                                                                                                   
                                                                                                                                
REPRESENTATIVE  MCCABE stated  that,  in spirit,  it may  violate                                                               
what the Constitution of the  State of Alaska disallows, which is                                                               
to earmark monies to go into specific funds.                                                                                    
                                                                                                                                
9:00:05 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GROH replied that Section  3 of the bill read that                                                               
"the annual estimate  balance of the account  may be appropriated                                                               
by the legislature";  therefore, it would be  consistent with the                                                               
constitutional language that is being referenced.                                                                               
                                                                                                                                
9:00:40 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RUFFRIDGE asked what  the effective tax rate would                                                               
be by state  - particularly in states that have  a high amount of                                                               
oil and  gas production;  he noted North  Dakota has  no property                                                               
tax on oil and gas.  He asked how Alaska ranked.                                                                                
                                                                                                                                
REPRESENTATIVE  GROH  replied  there  are a  mix  of  taxes  that                                                               
various states  have, and  he stated  he did  not have  a precise                                                               
ranking.  He  said he understood there is room  to raise revenues                                                               
here [in Alaska],  and it should be seen in  terms of the overall                                                               
package of taxes on the oil and gas industry.                                                                                   
                                                                                                                                
REPRESENTATIVE  RUFFRIDGE  expressed   concern  over  becoming  a                                                               
competitive disadvantage if Alaska would  be at "that highest tax                                                               
rate."                                                                                                                          
                                                                                                                                
9:04:01 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCKAY agreed  with  Representative Ruffridge  and                                                               
said that he thought the concept needed  a lot of study.  He also                                                               
acknowledged  the  need  to  look  at  the  constitutionality  of                                                               
dedicated funds;  it could be a  big flaw with the  bill, as well                                                               
as how boroughs  where production takes place  could be affected.                                                               
He  reiterated his  stance that  the  proposed legislation  needs                                                               
significant study for consideration.                                                                                            
                                                                                                                                
9:06:37 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GROH clarified  that there would not  be an effect                                                               
on the  property tax  revenues, and he  stated Mr.  Andreassen is                                                               
available to address what needs further clarification.                                                                          
                                                                                                                                
9:07:25 AM                                                                                                                    
                                                                                                                                
MR. ANDREASSEN stated  that as the bill is  currently drafted, it                                                               
would not change  existing law as it relates  to local government                                                               
collection  of property  taxes, it  would  apply to  oil and  gas                                                               
property.                                                                                                                       
                                                                                                                                
9:07:59 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCKAY  expressed  concern about  the  money  that                                                               
would be  taken out in the  private sector from the  oil industry                                                               
that would  otherwise be  used to  drill new  wells and  give new                                                               
production.                                                                                                                     
                                                                                                                                
9:08:26 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCABE asked  for confirmation  that the  tax has                                                               
nothing to do with production; it's simply land/property tax.                                                                   
                                                                                                                                
REPRESENTATIVE GROH  replied that is  correct, and he  stated Ms.                                                               
Glover is available to address the issue further.                                                                               
                                                                                                                                
9:10:08 AM                                                                                                                    
                                                                                                                                
COLLEEN  GLOVER,   Director,  Division  of  Tax,   Department  of                                                               
Revenue, answered  questions during the  hearing of HB 153.   She                                                               
said HB  153 is specific  only to the  oil and gas  property tax,                                                               
and it has  secondary impact on the production tax.   She pointed                                                               
out the fiscal  note shows some negative impact  on general funds                                                               
because of  the production tax.   She explained there  could also                                                               
be  some  impact  on  corporate   income  tax  dependent  on  the                                                               
taxpayer.    She  provided  a   brief  breakdown  of  percentages                                                               
directed towards boroughs that may be affected.                                                                                 
                                                                                                                                
9:13:52 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HIMSCHOOT  thanked  Representative Groh  for  the                                                               
"creativity  in   how  we  may  solve   this  structural  deficit                                                               
problem."   She asked  to see  the "full  package" of  how Alaska                                                               
taxes the oil industry.                                                                                                         
                                                                                                                                
9:14:47 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GROH  replied that  Ms.  Glover  can address  the                                                               
question.   He  further  commented  on the  various  oil and  gas                                                               
producing states that have suites  or packages of taxes, of which                                                               
oil and gas property tax may or may not be one.                                                                                 
                                                                                                                                
9:16:16 AM                                                                                                                    
                                                                                                                                
MS. GLOVER  explained that there  are a few different  taxes that                                                               
the  state  imposes on  oil  and  gas  producers:   oil  and  gas                                                               
production  tax;  oil  and  gas   property  tax  that  the  state                                                               
administers on  a statewide level;  and corporate income  tax for                                                               
qualifying entities.   She further explained that  there are many                                                               
details  that   go  behind   each  program,   and  she   noted  a                                                               
presentation is  done each year  and covers all  the calculations                                                               
regarding "how  it all works."   She allowed that  the department                                                               
is  not  an  expert  in  other states'  tax  policies  but  could                                                               
research and follow up with information.                                                                                        
                                                                                                                                
9:18:18 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GROH noted that the oil  and gas property tax is a                                                               
much  more stable  form of  revenue for  the state;  it has  been                                                               
growing as a percentage of the oil and gas revenues.                                                                            
                                                                                                                                
9:19:26 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCKAY commented that Alaska  is unique in that its                                                               
reserves  are publicly  owned.   He summarized  what oil  and gas                                                               
properties  include,   and  that  the  properties   are  assessed                                                               
annually, which  is then used  to determine existing  taxes paid.                                                               
He   stated   his   concern    the   proposed   legislation   may                                                               
disincentivize  further activity  in the  private sector,  and he                                                               
opined that due to an incomplete  bill and fiscal note, there are                                                               
open  questions that  need  to be  studied  to determine  whether                                                               
there may be unintended consequences of the bill.                                                                               
                                                                                                                                
9:22:14 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GROH responded that  the additional revenues could                                                               
revive  the structural  deficit the  state faces.   He  commented                                                               
that   another   committee  could   look   at   the  issue   that                                                               
Representative McKay has  raised, but he reiterated  that this is                                                               
a stable source of revenue.                                                                                                     
                                                                                                                                
9:23:31 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCABE  questioned whether the  structural deficit                                                               
in the state  is a result of the major  oil companies having been                                                               
driven  out of  state by  "willy  nilly" tax  procedures and  the                                                               
state focusing  on the oil companies  any time there is  a fiscal                                                               
disturbance.  He  stated that the oil companies are  not a "piggy                                                               
bank" or a revenue stream; they are a fixed asset.                                                                              
                                                                                                                                
9:24:59 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HIMSCHOOT  agreed about  the bill  needing further                                                               
study.                                                                                                                          
                                                                                                                                
9:25:48 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GROH noted  that the  proposed legislation  has a                                                               
fixed cost,  so it would  provide more  certainty.  He  also said                                                               
the state  needs to look out  for itself and its  people, and the                                                               
proposed  legislation  would  be  one  stab  at  confronting  the                                                               
growing structural deficit.                                                                                                     
                                                                                                                                
9:27:55 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCKAY   referred  to  previous   legislation  and                                                               
commented on  the decline and  increase of oil production  on the                                                               
North Slope.   He  stated his  belief that  the tax  policies are                                                               
working now,  and HB  153 would  disturb that  stability greatly.                                                               
He  stressed  the legislature  must  be  very careful  about  the                                                               
taxation of the state's biggest industry.                                                                                       
                                                                                                                                
9:30:03 AM                                                                                                                    
                                                                                                                                
CHAIR MCCORMICK  commented that it  is important to  be cognizant                                                               
of  the  different  elements  of  the state  and  what  makes  up                                                               
Alaska's  oil tax  structure.   He said  he would  like to  see a                                                               
comparison, but raised concern about the amount of money it                                                                     
would cost for a study that may turn out to be unnecessary.                                                                     
                                                                                                                                
CHAIR MCCORMICK announced that HB 153 was held over.                                                                            
                                                                                                                                
9:31:40 AM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Community and Regional Affairs Standing Committee meeting was                                                                   
adjourned at 9:32 a.m.                                                                                                          

Document Name Date/Time Subjects
HB 133 Open Meeting Act-Sponsor statement.pdf HCRA 4/27/2023 8:00:00 AM
HB 133
HB 133 Sectional Analysis.pdf HCRA 4/27/2023 8:00:00 AM
HB 133
HB 153 DOR Fiscal Note.pdf HCRA 4/27/2023 8:00:00 AM
HB 153
HB 153 Sectional Analysis.pdf HCRA 4/27/2023 8:00:00 AM
HB 153
HB 153 Sponsor Statement.pdf HCRA 4/27/2023 8:00:00 AM
HB 153
HB 153 Selections from DOR Fall Revenue Source Book.pdf HCRA 4/27/2023 8:00:00 AM
HB 153
HB 133 Written Testimony.pdf HCRA 4/27/2023 8:00:00 AM
HB 133
HB 134 Written Testimony.pdf HCRA 4/27/2023 8:00:00 AM
HB 134
HB 153 Written Testimony.pdf HCRA 4/27/2023 8:00:00 AM
HB 153
HB 134 Written Testimony through 1000 4.26.23.pdf HCRA 4/27/2023 8:00:00 AM
HB 134
HB 134 Letter of Support Alaska REALTORS.pdf HCRA 4/27/2023 8:00:00 AM
HB 134