Legislature(1999 - 2000)

04/22/1999 01:40 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
           HOUSE FINANCE COMMITTEE                                                                                              
              April 22, 1999                                                                                                    
                 1:40 P.M.                                                                                                      
                                                                                                                                
TAPE HFC 99 - 98, Side 1                                                                                                        
TAPE HFC 99 - 98, Side 2                                                                                                        
TAPE HFC 99 - 99, Side 1                                                                                                        
                                                                                                                                
CALL TO ORDER                                                                                                                   
                                                                                                                                
Co-Chair Therriault called the House Finance Committee                                                                          
meeting to order at 1:40 p.m.                                                                                                   
                                                                                                                                
PRESENT                                                                                                                         
                                                                                                                                
Co-Chair Therriault   Representative Foster                                                                                     
Co-Chair Mulder    Representative Grussendorf                                                                                   
Representative Austerman   Representative Kohring                                                                               
Representative Bunde   Representative Moses                                                                                     
Representative J. Davies   Representative Williams                                                                              
Representative G. Davis                                                                                                         
                                                                                                                                
ALSO PRESENT                                                                                                                    
                                                                                                                                
Representative Norman Rokeberg; Peter Freer, Legislative                                                                        
Liaison, Department of Community and Regional Affairs;                                                                          
Terry Cramer, Legal Counsel, Legislative Affairs Agency;                                                                        
Dwight Perkins, Deputy Commissioner, Department of Labor;                                                                       
Pam LaBolle, President, State Chamber of Commerce; Eddy                                                                         
Jeans, School Finance Manager, Department of Education;                                                                         
Kevin Richie, Alaska Municipal League, Juneau; Gary Berry,                                                                      
American Legion, Juneau; Gerald Dorsher, Veterans of Foreign                                                                    
Wars, Juneau; Peggy Mulligan, American Association of                                                                           
Retired Persons, Juneau; Marie Darling, Legislative Chair,                                                                      
Retired Federal Employees of Alaska, Juneau; Rosalee T.                                                                         
Walker, Juneau.                                                                                                                 
                                                                                                                                
TESTIFIED VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Steve VanSant, State Assessor, Department of Community and                                                                      
Regional Affairs, Anchorage; Richard Bouse, Denakkanaga                                                                         
Incorporated, Fairbanks; Pat Branson, Director, Senior                                                                          
Citizens of Kodiak, Kodiak; Pat Carlson, Assessor, Kodiak                                                                       
Island Borough; Joseph Craig, Ketchikan; Jim Van Horn,                                                                          
Ketchikan Gateway Borough; Bob Weinstein, Mayor, city of                                                                        
Ketchikan; Frederick Stirn, Matsu; Lorraine Montgomery,                                                                         
Matsu; Minnie Fisher, Matsu; Ellis Fall, Valdez;                                                                                
                                                                                                                                
SUMMARY                                                                                                                         
                                                                                                                                
HB 201 "An Act relating to the computation of overtime;                                                                         
and providing for an effective date."                                                                                           
                                                                                                                                
CSHB 201 (FIN) was REPORTED out of Committee with                                                                               
a "do pass" recommendation and with a zero fiscal                                                                               
note by the Department of Law, dated 4/22/99.                                                                                   
                                                                                                                                
HB 200 "An Act relating to exemptions for municipal                                                                             
property taxes for certain primary residences;                                                                                  
relating to property tax equivalency payments for                                                                               
certain residents; and providing for an effective                                                                               
date."                                                                                                                          
                                                                                                                                
HB 200 was heard and HELD in Committee for further                                                                              
consideration.                                                                                                                  
HOUSE BILL NO. 201                                                                                                              
                                                                                                                                
"An Act relating to the computation of overtime; and                                                                            
providing for an effective date."                                                                                               
                                                                                                                                
REPRESENTATIVE NORMAN ROKEBERG, SPONSOR testified in support                                                                    
of HB 201. He explained that the legislation is the result                                                                      
of a court decision by Superior Court Judge Larry R. Weeks,                                                                     
for Stuart Hallam vs. Holland America Line, Inc (a copy of                                                                      
the opinion is on file.) Judge Weeks found that the                                                                             
interpretation of AS 23.10.060(b), a statute relating to                                                                        
overtime, was unclear. He maintained that under the court's                                                                     
interpretation employees would be paid twice for the same                                                                       
overtime hours (see excerpt from sponsor statement below).                                                                      
The legislation is supported by the Administration.                                                                             
                                                                                                                                
Members were provided with a proposed committee substitute,                                                                     
                                                                                                                                
Representative Austerman MOVED to ADOPT proposed committee                                                                      
substitute, #1-LS0872\H, 4/22/99. There being NO OBJECTION,                                                                     
it was so ordered.                                                                                                              
                                                                                                                                
Representative Rokeberg compared the committee substitute to                                                                    
CSHB 201 (L&C). He observed that the following language was                                                                     
deleted: "overtime compensation under this paragraph shall                                                                      
be paid only for those hours for which overtime compensation                                                                    
has not been paid under (1) of this subsection" and replaced                                                                    
with "the number of hours worked in a week under this                                                                           
paragraph shall be determined without including hours that                                                                      
are worked in excess of eight hours in a day."                                                                                  
                                                                                                                                
Representative Austerman spoke in support of the                                                                                
legislation. He asked for information regarding the                                                                             
retroactive effective date.                                                                                                     
                                                                                                                                
Representative Williams asked how the legislation would                                                                         
affect negotiated contracts. Representative Rokeberg stated                                                                     
that the overtime law would take precedence.                                                                                    
                                                                                                                                
TERRY CRAMER, LEGAL COUNSEL, LEGISLATIVE AFFAIRS AGENCY did                                                                     
not think that the legislation would affect the negotiated                                                                      
contracts. She observed that there is exclusion in the                                                                          
overtime law for flextime arrangements. The legislation                                                                         
would not change the terms of existing contracts.                                                                               
                                                                                                                                
Ms. Cramer clarified that the retroactive effective date in                                                                     
section 3 was based on the date that the Wage and Hour Act                                                                      
came into effect. She observed that if the finding is upheld                                                                    
and it is determined that this is the way the law should                                                                        
have been interpreted then the retrospective clause would                                                                       
survive. The retroactive clause will not have an effect if                                                                      
the finding is not upheld.                                                                                                      
                                                                                                                                
Representative J. Davies asked why a retroactive clause was                                                                     
included. Co-Chair Therriault explained that the retroactive                                                                    
clause would attempt to prevent retroactive suits for                                                                           
compensation and uphold the status quo before the judge's                                                                       
ruling.                                                                                                                         
                                                                                                                                
In response to a question by Representative J. Davies, Ms.                                                                      
Cramer pointed out that there is a two-year statute of                                                                          
limitation.                                                                                                                     
                                                                                                                                
DWIGHT PERKINS, DEPUTY COMMISSIONER, DEPARTMENT OF LABOR                                                                        
provided additional information on HB 201. He noted that the                                                                    
legislation represents the minimum overtime requirements                                                                        
contained in any of the negotiated contracts. He reiterated                                                                     
that there is a two-year statute of limitation on back                                                                          
wages. The department feels that the retroactive clause                                                                         
would provide clarification. The Department of Labor                                                                            
supports the legislation. The legislation supports the                                                                          
Department of Labor's interpretation of the overtime law. He                                                                    
stressed that would the legislation take away the                                                                               
possibility of pyramiding. Pyramiding was explained in the                                                                      
sponsor statement.                                                                                                              
                                                                                                                                
Assume Employee worked the following schedule for a                                                                             
total of 43 hours:                                                                                                              
                                                                                                                                
 Monday     11 hours Thursday   8 hours                                                                                         
 Tuesday     8 hours Friday     8 hours                                                                                         
 Wednesday   8 hours                                                                                                            
                                                                                                                                
As to Monday, everyone agrees that Employee is entitled                                                                         
to 3 hours of overtime. The issue is as to Friday.                                                                              
Under the Department's interpretation and the                                                                                   
interpretation of employers, no overtime would be due                                                                           
as to Friday since Employee worked 43 hours during the                                                                          
week and has already been paid for 3 hours overtime.                                                                            
Under the Court's ruling, Employee would receive                                                                                
overtime for 3 hours on Friday because, in computing                                                                            
the 40 hours under the statute, one must include the 3                                                                          
overtime hours worked on Monday. Consequently, Employee                                                                         
received 6 hours of overtime pay for the week even                                                                              
though he/she only worked 43 hours.                                                                                             
                                                                                                                                
Vice-Chair Bunde asked what the overtime would be if someone                                                                    
worked 10 hours over four days. Co-Chair Therriault                                                                             
clarified that under the court's interpretation they would                                                                      
have been paid overtime on each individual day and overtime                                                                     
on the time above 40 hours in a week. He noted that if a                                                                        
person worked 10 hours a day for five days that they would                                                                      
be paid 2 hours of overtime for each day and 10 hours for                                                                       
the time over 40 hours. They would be paid for a total of 20                                                                    
hours of overtime.                                                                                                              
                                                                                                                                
Representative Foster asked what would prevent any                                                                              
retroactive suits. Mr. Perkins noted that, without passage                                                                      
of the legislation, there is nothing to prevent individuals                                                                     
from filing for overtime occurred in the past two years.                                                                        
                                                                                                                                
Representative J. Davies noted that"                                                                                            
                                                                                                                                
An employee is entitled to overtime for hours worked in                                                                         
excess of                                                                                                                       
(1)  eight hours a day; or                                                                                                      
(2)  40 hours a week; the number of hours worked                                                                                
in a week under this paragraph shall be determined                                                                              
without including hours that are worked in excess of                                                                            
eight hours in a day.                                                                                                           
                                                                                                                                
He questioned how the determination is made. Mr. Perkins                                                                        
acknowledged that it would not be fair to expect an employee                                                                    
to work 10 hours on Monday and 6 hours on Tuesday not to be                                                                     
paid for the overtime they worked on Monday because they                                                                        
worked under 40 hours in the week. Under the Department of                                                                      
Labor 's interpretation the employee who worked 10 hours on                                                                     
Monday and 6 hours on Tuesday would have to be paid overtime                                                                    
for the 2 hours over 8 that he worked on Monday.                                                                                
                                                                                                                                
Representative J. Davies gave the example of an employee who                                                                    
worked over 8 hours a day and over 40 hours in a week. They                                                                     
worked 10 hours a day for 4 days and two hours on the fifth.                                                                    
They worked a total of 42 hours in the week. Mr. Perkins                                                                        
stated that the employee would be entitled to 8 hours of                                                                        
overtime.                                                                                                                       
                                                                                                                                
Representative Foster noted that state employees are paid                                                                       
for 37.5 hours a week. Mr. Perkins observed that employees                                                                      
work 37.5 under their negotiated contract. Co-Chair                                                                             
Therriault reiterated that the negotiated contract would                                                                        
rule.                                                                                                                           
                                                                                                                                
In response to a question by Representative J. Davies, Ms.                                                                      
Cramer clarified that the "or" indicates that they would not                                                                    
need both conditions to receive overtime.                                                                                       
                                                                                                                                
Co-Chair Therriault concluded that the concerns of                                                                              
Representative J. Davies would be resolved by the inclusion                                                                     
of "or whichever is greater", but felt that the language                                                                        
would be unnecessary. He noted that "and" would cause                                                                           
confusion. Mr. Perkins stated that if there is a concern it                                                                     
could be addressed during the remaining legislative process.                                                                    
                                                                                                                                
Co-Chair Therriault asked if the retroactive clause should                                                                      
be two years. He stressed that it is unnecessary to go back                                                                     
to 1959. Representative Rokeberg questioned if the two-year                                                                     
statute of limitation would be sufficient to prevent                                                                            
legislation. Mr. Cramer stated that if there were a change                                                                      
in law the retroactive date would not stand. If the Supreme                                                                     
Court rules that the legislative interpretation is correct                                                                      
there would not be a need for a retroactive effective date.                                                                     
                                                                                                                                
PAM LABOLLE, PRESIDENT, STATE CHAMBER OF COMMERCE spoke in                                                                      
support of the legislation. She noted that Chamber members                                                                      
are concerned that they not have to pay for overtime hours                                                                      
twice. They are especially concerned about the retroactive                                                                      
interpretation by the Court.                                                                                                    
                                                                                                                                
Representative Rokeberg stated that he would support a                                                                          
retroactive date of two years and one day from April 7,                                                                         
1999, which was the date of the court ruling.                                                                                   
                                                                                                                                
Vice-Chair Bunde stated that he supports the pyramid                                                                            
interpretation.                                                                                                                 
                                                                                                                                
Co-Chair Mulder MOVED to ADOPT Amendment 1, a conceptual                                                                        
amendment to change the effective date to April 1, 1997.                                                                        
There being NO OBJECTION, it was so ordered.                                                                                    
                                                                                                                                
Co-Chair Therriault noted that there is a zero fiscal note                                                                      
by the Department of Commerce and Economic Development.                                                                         
                                                                                                                                
Representative Foster MOVED to report CSHB 201 (FIN) out of                                                                     
Committee with the accompanying fiscal note. Vice-Chair                                                                         
Bunde OBJECTED. He spoke in support of the overtime                                                                             
compensation represented by the court's interpretation.                                                                         
Representative  Moses observed that an employee cannot be                                                                       
forced to work overtime.                                                                                                        
                                                                                                                                
A roll call vote was taken on the motion.                                                                                       
                                                                                                                                
IN FAVOR: Moses, Williams, Austerman, Davis, Foster,                                                                            
Kohring,                                                                                                                        
OPPOSED: Bunde, Davies, Grussendorf                                                                                             
                                                                                                                                
The MOTION PASSED (8-3).                                                                                                        
                                                                                                                                
CSHB 201 (FIN) was REPORTED out of Committee with a "do                                                                         
pass" recommendation and with a zero fiscal note by the                                                                         
Department of Law, dated 4/22/99.                                                                                               
HOUSE BILL NO. 200                                                                                                              
                                                                                                                                
"An Act relating to exemptions for municipal property                                                                           
taxes for certain primary residences; relating to                                                                               
property tax equivalency payments for certain                                                                                   
residents; and providing for an effective date."                                                                                
                                                                                                                                
EDDY JEANS, SCHOOL FINANCE MANAGER, DEPARTMENT OF EDUCATION                                                                     
stated that the department has concerns regarding CSHB 200                                                                      
(C&RA). He discussed the full value determination. There are                                                                    
mandatory exemptions under Title 29 that do not count and                                                                       
some that do count in the full value determination.                                                                             
                                                                                                                                
Mr. Jeans noted that the C&RA version amends AS                                                                                 
14.17.510(a): "However, the value of property exempted under                                                                    
AS 29.45.050(i) may not be  included in the determination to                                                                    
the extent of the exemption." This would leave the level of                                                                     
exemption optional, to be determined by each community. He                                                                      
stated that the Department of Education objects to the                                                                          
exemption from the full value determination for the purpose                                                                     
of counting state aid under the foundation program. A                                                                           
different rule would be applied to each community. It would                                                                     
not reflect the community's ability to pay for their                                                                            
education services. The Department of Education applies the                                                                     
full value determination in determining each school                                                                             
district's local contribution rate. He suggested that                                                                           
parameters be placed on the exemption. If a community                                                                           
exempts $500 thousand dollars of property their assessed                                                                        
value would be reduced by this amount. Another community                                                                        
that has no exemptions would pay at a greater rate. The                                                                         
Department of Education is looking for a uniform application                                                                    
to determine the full value for foundation funding purposes.                                                                    
                                                                                                                                
Representative J. Davies suggested the elimination of:                                                                          
"However, the value of property exempted under AS                                                                               
29.45.050(i) may not be  included in the determination to                                                                       
the extent of the exemption," to disentangle it from the                                                                        
question.                                                                                                                       
                                                                                                                                
Mr. Jeans explained that because the mandatory exemption                                                                        
would be converted to an optional exemption, the local                                                                          
option would be increased by approximately $6 million                                                                           
dollars statewide. The Community and Regional Affairs                                                                           
version would provide an assessed value for the purpose of                                                                      
calculating state aid. This would prevent an increase in the                                                                    
required local effort. The state assessor would provide two                                                                     
assessed values. The state assessor would do two                                                                                
assessments.                                                                                                                    
                                                                                                                                
Representative J. Davies summarized that if a community                                                                         
enacts a senior tax exemption their revenues would be                                                                           
reduced, but their state aid would increase.   Mr. Jeans                                                                        
explained that if there were a tax exemption greater than                                                                       
the required $500 thousand dollars then their state aid to                                                                      
education would be increased by the amount that was exempted                                                                    
beyond the required $150 thousand dollars.                                                                                      
                                                                                                                                
(Tape Change, HFC 99 - 98, Side 2)                                                                                              
                                                                                                                                
Co-Chair Therriault clarified that the state aid to                                                                             
education would not be dollar for dollar. He summarized that                                                                    
the community would lose more in property tax values than                                                                       
they would gain in education support.                                                                                           
                                                                                                                                
Representative Moses asked why the total accessed value                                                                         
would change. Mr. Jeans explained that optional exemptions                                                                      
are included in the full value. He gave the example of boats                                                                    
and cars. The value of boats and cars are counted without                                                                       
consideration of local exemptions.                                                                                              
                                                                                                                                
STEVE VANSANT, STATE ASSESSOR, DEPARTMENT OF COMMUNITY AND                                                                      
REGIONAL AFFAIRS, ANCHORAGE provided the Committee with                                                                         
information. He explained that the value of personal                                                                            
property is determined from data supplied by the Division of                                                                    
Motor Vehicles. Each category of motor vehicle is assigned a                                                                    
value used in calculating the assessed value. Schedules are                                                                     
built on a per capita basis according to their location. In                                                                     
response to a question by Co-Chair Therriault, Mr. Vansant                                                                      
explained that, in Fairbanks, the real and personal property                                                                    
value is part of the full value determination that is used                                                                      
for the local contribution for school funding. He maintained                                                                    
that the full value should reflect everything that could be                                                                     
taxed if the community decides to tax. He noted that                                                                            
property that is optionally exempted under AS 29.45.050 is                                                                      
added back into the full value. Mandatory exemptions under                                                                      
AS 29.45.030, such as churches, schools, cemeteries,                                                                            
hospitals and senior citizens and disabled veterans property                                                                    
taxes are excluded from the full value determination. The                                                                       
legislation would move some mandatory exemptions to optional                                                                    
exemptions. He pointed out that moving from a mandatory to                                                                      
an optional exemption would cost local municipalities an                                                                        
additional $6 million dollars in the 4 mill equivalency.                                                                        
                                                                                                                                
Co-Chair Therriault noted that the local dollar contribution                                                                    
is derived as a dollar amount. Communities that do not                                                                          
collect a tax end up paying more to make up the difference                                                                      
of the non-tax property. Mr. VanSant clarified that the full                                                                    
value determination does not affect the amount of tax on                                                                        
personal property. The full value determination is used in                                                                      
the calculation of local contribution for school aid. It                                                                        
does not affect the mill rate. He noted that no one in                                                                          
Fairbanks pays personal property tax. He observed that the                                                                      
tax burden in Mat-Su is shifted from the mom and pop                                                                            
operations to the larger chain businesses by the exemption                                                                      
of the first $250 thousand dollars of business inventory. In                                                                    
Fairbanks, the entire burden of personal property is shifted                                                                    
to the real property taxpayer.                                                                                                  
                                                                                                                                
RICHARD BOUSE, DENAKKANAGA INCORPORATED, FAIRBANKS testified                                                                    
via teleconference. He expressed concerns on behalf of                                                                          
senior citizens that may have to pay property tax. He asked                                                                     
why the burden is being placed on the local entities.                                                                           
                                                                                                                                
Co-Chair Therriault explained that it would be a local                                                                          
option. Mr. Bouse asked what would encourage local entities                                                                     
to continue the exemption.                                                                                                      
                                                                                                                                
Vice-Chair Bunde questioned why the state would want to                                                                         
continue the exemption if local communities do not. Mr.                                                                         
Bouse stressed that the legislation would create hardships.                                                                     
He questioned what safety nets would be available to protect                                                                    
seniors.                                                                                                                        
                                                                                                                                
Vice-Chair Bunde pointed out that the state has been very                                                                       
generous to seniors. Mr. Bouse agreed but questioned what                                                                       
would happen to seniors as services are diminished.                                                                             
                                                                                                                                
Co-Chair Therriault noted the difficulty of funding                                                                             
increasing costs.                                                                                                               
                                                                                                                                
PAT BRANSON, DIRECTOR, SENIOR CITIZENS OF KODIAK, KODIAK                                                                        
testified via teleconference in opposition to the                                                                               
legislation. She stressed that the responsibility for                                                                           
assuring seniors an affordable place to live is being                                                                           
shifted to local communities. She maintained that shifting                                                                      
responsibilities without a long-range plan is not a fair way                                                                    
of maintaining seniors in the state.                                                                                            
                                                                                                                                
PAT CARLSON, ASSESSOR, KODIAK ISLAND BOROUGH spoke in                                                                           
support of the legislation. He stressed that it would allow                                                                     
local communities to tailor programs to the local needs of                                                                      
the communities.                                                                                                                
                                                                                                                                
Representative G. Davis asked how much the state mandate                                                                        
would cost the city and borough of Kodiak. Mr. Carlson                                                                          
observed that they have an assessed value of approximately                                                                      
$23 million dollars against a $700 million dollar loan. The                                                                     
mill rate is 9.25. This generates approximately $200                                                                            
thousand dollars a year. They collect about $6.8 million                                                                        
dollars. He concluded that the state mandate costs about 10                                                                     
percent.                                                                                                                        
                                                                                                                                
JOSEPH CRAIG, KETCHIKAN testified via teleconference against                                                                    
the legislation. He emphasized that veterans are getting a                                                                      
strong message that their representatives are attempting to                                                                     
save funds that have not been funded to municipalities since                                                                    
1985. He estimated that 500 veterans would be affected by                                                                       
the legislation. He maintained that the legislation would be                                                                    
a hardship on veterans. He asserted that pitting seniors and                                                                    
veterans against young voters would have severe                                                                                 
consequences.                                                                                                                   
                                                                                                                                
JIM VAN HORN, KETCHIKAN GATEWAY BOROUGH testified via                                                                           
teleconference. He questioned how the legislation would                                                                         
affect the local ordinance. He acknowledged the affect of                                                                       
the unfunded mandate on cities. Co-Chair Therriault did not                                                                     
know if the local ordinance would have to be reevaluated.                                                                       
                                                                                                                                
BOB WEINSTEIN, MAYOR, CITY OF KETCHIKAN testified via                                                                           
teleconference. He observed that there has not been                                                                             
overwhelming support to repeal the exemption. He pointed out                                                                    
that subsection (i) would need clarification or amendment in                                                                    
order for Ketchikan to continue the status quo, since they                                                                      
do not have a parallel ordinance. He suggested that                                                                             
consideration be given to require an election if the                                                                            
municipality wishes to change the status quo. He added that                                                                     
the local elected body address the issue. He observed that                                                                      
there are concerns that the switch from a mandatory to                                                                          
option exemption would cost those municipalities that have                                                                      
property tax an additional $6 million dollars in terms of                                                                       
state education aid. He questioned if the amendment to                                                                          
section 1 made in the House Community and Regional Affairs                                                                      
Committee would correct this situation. Co-Chair Therriault                                                                     
noted that the testimony indicated that the problem still                                                                       
needs to be addressed. Mr. Weinstein stressed that                                                                              
communities cannot afford to lose $6 million dollars in                                                                         
school aid.                                                                                                                     
                                                                                                                                
FREDERICK STIRN, MATSU testified via teleconference in                                                                          
opposition to the legislation. He maintained that he would                                                                      
have to sell his house if he had to pay an additional $100                                                                      
dollars a month to pay for the tax. He observed that many                                                                       
seniors would have a hard time paying property tax.                                                                             
                                                                                                                                
LORRAINE MONTGOMERY, MATSU testified via teleconference in                                                                      
opposition to HB 200. She noted that she only makes $700                                                                        
dollars a month in social security and would lose her home                                                                      
if she had to pay property tax.                                                                                                 
                                                                                                                                
MINNIE FISHER, MATSU testified via teleconference in                                                                            
opposition to HB 200. She noted that she is on a fixed                                                                          
income.                                                                                                                         
                                                                                                                                
ELLIS FALL, VALDEZ testified via teleconference against HB
200. He asserted that it is a bookkeeping problem. He stated                                                                    
that a lot of people could not afford to live without the                                                                       
exemption. He noted that expenses are going up. He                                                                              
maintained that mandates are needed because communities are                                                                     
greedy.                                                                                                                         
                                                                                                                                
KEVIN RICHIE, ALASKA MUNCIPAL LEAGUE, JUNEAU testified in                                                                       
support of HB 200. Municipalities want broad discretion to                                                                      
work with seniors and veterans to design exemption programs.                                                                    
He acknowledged that many people depend on the exemption.                                                                       
According to the state assessor, the average exemption is a                                                                     
little over $100 thousand dollars. The mandatory exemption                                                                      
is $150 thousand dollars. One option to slow down the                                                                           
exemption's cost is to lower the cap. Other options included                                                                    
a needs based exemption and the deferring of taxes. These                                                                       
could be mixed or matched in a variety of ways. The Alaska                                                                      
Municipal League has been discussing the issue for the last                                                                     
nine years. In 1997, the League expressed support for the                                                                       
concept by consensus. There are 140 members.                                                                                    
                                                                                                                                
Representative G. Davis asked the statewide impact. Mr.                                                                         
Richie noted that the statewide impact would be                                                                                 
approximately $24 million dollars. Representative G. Davis                                                                      
asked if a community development fund would help. Mr. Richie                                                                    
stated that a community development fund would help.                                                                            
                                                                                                                                
Representative J. Davies clarified that the $24 million                                                                         
dollar level is based on every community eliminating the                                                                        
exemption. Mr. Richie agreed and emphasized that no                                                                             
community has considered eliminating the exemption. The cost                                                                    
of the exemption has increased from $2 to $4 million dollars                                                                    
a year, as property values rise and the population ages. He                                                                     
stressed that the issue is containing the cost. According to                                                                    
the state assessor's tabulations the cost of the exemption                                                                      
has grown. The statewide cost of the exemption was $6                                                                           
million dollars in 1990. In 1997, it was $20.3 million                                                                          
dollars and in 1999 it was $24.6 million dollars.                                                                               
                                                                                                                                
Representative J. Davies questioned if there should be a                                                                        
mandatory requirement for an affirmative vote to retain the                                                                     
exemption or if existing ordinances should remain on the                                                                        
books unless changed by a vote. Mr. Richie stated that he                                                                       
could not speak to the issue.                                                                                                   
                                                                                                                                
Co-Chair Therriault stated that passage of the legislation                                                                      
would not necessary override a local ordinance. If the state                                                                    
exemption were removed in communities with optional                                                                             
exemptions beyond the state level, they could be left with                                                                      
an exemption that only covered those at the higher level.                                                                       
Local governments may want to reconsider their exemptions.                                                                      
                                                                                                                                
Representative Foster observed that Nome would be the only                                                                      
community with assessed property tax in his district.                                                                           
                                                                                                                                
Mr. VanSant explained that the statewide property tax                                                                           
collection for 1998 was $359 million dollars.                                                                                   
                                                                                                                                
Representative Foster observed that the legislation would                                                                       
not affect Fairbanks because of their revenue cap. He asked                                                                     
whom it would affect. Mr. Richie stated that the legislation                                                                    
would be a tool for future use.                                                                                                 
                                                                                                                                
Representative Williams questioned how seniors would                                                                            
rearrange their finances if they were not able to get the                                                                       
exemption. He asked if there are any federal laws that would                                                                    
prohibit the change. Mr. Richie reiterated that, to his                                                                         
knowledge, no municipality is planning to eliminate or                                                                          
severely reduce the exemption. He did not know of any                                                                           
federal prohibitions. Representative Williams questioned why                                                                    
the legislation was introduced.                                                                                                 
                                                                                                                                
(Tape Change, HFC 99  - 99, Side 1)                                                                                             
                                                                                                                                
Co-Chair Therriault reiterated that the major concern is the                                                                    
increasing cost of the exemption. The exemption is estimated                                                                    
to cost $43 million dollars by the year 2005. State law                                                                         
mandates a shift of the tax burden to the local level. He                                                                       
observed that the value of senior housing is being paid by                                                                      
other taxpayers.                                                                                                                
                                                                                                                                
Vice-Chair Bunde noted that the tax burden is shifted in                                                                        
communities that support the exemption. He spoke in support                                                                     
of allowing local communities to decide.                                                                                        
                                                                                                                                
Representative Foster recalled that in 1996 up to 60 percent                                                                    
of the assessed value was exempt in Nome. He questioned if                                                                      
the Alaska Municipal League has considered other options for                                                                    
raising revenues. Mr. Ritchie stated that the Alaska                                                                            
Municipal League has considered other solutions.                                                                                
                                                                                                                                
GARY BERRY, AMERICAN LEGION, JUNEAU spoke in support of                                                                         
disabled veterans. He referred to section 4, line 25. He                                                                        
stressed that the legislation would create problems for                                                                         
disabled veterans if it were passed. There are 500 disabled                                                                     
veterans in Alaska.                                                                                                             
                                                                                                                                
Representative Moses asked if Mr. Berry would support a                                                                         
program that would apply the property tax against the value                                                                     
of the property on an equity basis. Mr. Berry stated he                                                                         
would not support the tax being applied to the property                                                                         
after the veteran is deceased.                                                                                                  
                                                                                                                                
GEERALD DORSHER, VETERANS OF FOREIGN WARS, JUNEAU spoke in                                                                      
support of retaining the exemption for disabled veterans. He                                                                    
maintained that loss of the exemption would be disastrous to                                                                    
veterans. Many disabled veterans are on fixed incomes. He                                                                       
maintained that veterans could lose their homes.                                                                                
                                                                                                                                
Vice-Chair Bunde agreed that it would be disastrous for                                                                         
disabled veterans to lose their homes. He felt that local                                                                       
communities would retain the exemption. Mr. Dorsher noted                                                                       
that there is no assumption that the exemption would be                                                                         
removed. He emphasized that veterans desire the small break                                                                     
that can be given to them.                                                                                                      
                                                                                                                                
Co-Chair Therriault noted that the Fairbanks North Star                                                                         
Borough passed a resolution requesting that local option be                                                                     
given. The resolution specifically requested that the option                                                                    
be given on the senior citizen provision. The disabled                                                                          
veterans' exemption would be continued. If the senior                                                                           
citizen exemption becomes optional the mayor of Fairbanks                                                                       
indicated that a ballot issue would be offered to allow a                                                                       
needs based exemption for senior citizens.                                                                                      
                                                                                                                                
PEGGY MULLIGAN, AMERICAN ASSOCIATION OF RETIRED PERSONS,                                                                        
JUNEAU testified in opposition to the legislation. She                                                                          
suggested that the bill be held. She found it hard to                                                                           
believe that municipalities would not consider the exemption                                                                    
in light of reductions to municipal assistance and revenue                                                                      
sharing. She spoke in support of reinstitution of an income                                                                     
tax. She has been in the state since 1947. She emphasized                                                                       
the fear of seniors that they will not be able to afford to                                                                     
stay in her their homes.                                                                                                        
                                                                                                                                
MARIE DARLING, LEGISLATIVE CHAIR, RETIRED FEDERAL EMPLOYEES                                                                     
OF ALASKA, JUNEAU spoke against HB 200. She acknowledged the                                                                    
difficulty of municipalities to handle the unfunded mandate.                                                                    
She recommended that the legislation be held. There are over                                                                    
6,000 retired federal employees in the state.                                                                                   
                                                                                                                                
ROSALEE T. WALKER, JUNEAU spoke against the legislation. She                                                                    
agreed that the legislation should be held. She observed                                                                        
that the intent of the original statute was for the state to                                                                    
reimburse municipalities for the exemption. She maintained                                                                      
that local communities would delete the exemption. She                                                                          
emphasized the increase in property values and noted that                                                                       
her house increased in value from $18 thousand dollars to                                                                       
$300 thousand dollars.                                                                                                          
                                                                                                                                
Representative Foster noted the lack of testimony by mayors                                                                     
and stressed that it is easier for the mayors to place the                                                                      
legislature on the hot seat.                                                                                                    
                                                                                                                                
HB 200 was heard and HELD in Committee for further                                                                              
consideration.                                                                                                                  
ADJOURNMENT                                                                                                                     
                                                                                                                                
The meeting adjourned at 3:50 p.m.                                                                                              
                                                                                                                                
House Finance Committee 13                                                                                                      

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