Legislature(1995 - 1996)

02/22/1995 01:40 PM Senate CRA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
         SENATE COMMUNITY & REGIONAL AFFAIRS COMMITTEE                         
                       February 22, 1995                                       
                           1:40 p.m.                                           
                                                                               
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
 Senator John Torgerson, Chairman                                              
 Senator Randy Phillips, Vice Chairman                                         
 Senator Tim Kelly                                                             
 Senator Fred Zharoff                                                          
 Senator Lyman Hoffman                                                         
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
 All members present                                                           
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
 SPONSOR SUBSTITUTE FOR SENATE BILL NO. 20                                     
 "An Act establishing the Alaska municipal basic services program,             
 relating to certain programs of state aid to municipalities and               
 recipients in the unorganized borough; and providing for an                   
 effective date."                                                              
                                                                               
  PREVIOUS SENATE COMMITTEE ACTION                                             
                                                                               
 SB 20 - No previous action to record.                                         
                                                                               
  WITNESS REGISTER                                                             
                                                                               
 Mayor Don Long, President of the Alaska                                       
   Municipal League                                                            
 P.O. Box 629                                                                  
 Barrow, AK 99723                                                              
  POSITION STATEMENT:   Testified in support of SSSB 20                        
                                                                               
 Doug Griffin                                                                  
 Box 307                                                                       
 Valdez, AK 99686                                                              
  POSITION STATEMENT:   Supports SSSB 20                                       
                                                                               
 Leo Rasmussen                                                                 
 Box 2                                                                         
 Nome, AK 99762                                                                
  POSITION STATEMENT:   Supports SSSB 20                                       
                                                                               
 Mayor Barbara Lacher                                                          
 Matanuska-Susitna Borough                                                     
 775 E. Parks Highway                                                          
 Wasilla, AK 99645                                                             
  POSITION STATEMENT:   Testified in support of SSSB 20                        
 Don Moore, Manager                                                            
 Matanuska-Susitna Borough                                                     
 350 E. Dahlia                                                                 
 Palmer, AK 99645                                                              
  POSITION STATEMENT:   Supports SSSB 20                                       
                                                                               
 Tom Smith, City Manager                                                       
 City of Palmer                                                                
 231 W. Evergreen Ave.                                                         
 Palmer, AK 99645                                                              
  POSITION STATEMENT:   Testified in support of SSSB 20                        
                                                                               
 Tom Quick, Vice Mayor                                                         
 City of Ouzinkie                                                              
 P.O. Box 109                                                                  
 Ouzinkie, AK 99644                                                            
  POSITION STATEMENT:   Supports SSSB 20                                       
                                                                               
 Gene Dusek, Budget Director                                                   
 Municipality of Anchorage                                                     
 P.O. Box 196650                                                               
 Anchorage, AK 99519                                                           
  POSITION STATEMENT:   Testified in support of SSSB 20                        
                                                                               
 Betty Glick                                                                   
 Kenai Peninsula Borough Assembly                                              
 P.O. Box 528                                                                  
 Kenai, AK 99611                                                               
  POSITION STATEMENT:   Testified in support of SSSB 20                        
                                                                               
 Tom Boedeker, Attorney for Kenai Peninsula Borough                            
 144 N. Binkley                                                                
 Soldotna, AK 99669                                                            
  POSITION STATEMENT:   Supports SSSB 20                                       
                                                                               
 Fred Armstrong                                                                
 Box 4                                                                         
 Kotzebue, AK 99752                                                            
  POSITION STATEMENT:   Supports SSSB 20                                       
                                                                               
 Lois Irvin                                                                    
 167 W. Bayview                                                                
 Homer, AK 99603                                                               
  POSITION STATEMENT:   Supports SSSB 20                                       
                                                                               
 Mayor Albert Dick                                                             
 City of Hoonah                                                                
 P.O. Box 360                                                                  
 Hoonah, AK 99829                                                              
  POSITION STATEMENT:   Supports SSSB 20                                       
                                                                               
                                                                               
 Mayor Alaire Stanton                                                          
 City of Ketchikan                                                             
 334 Front St.                                                                 
 Ketchikan, AK 99901                                                           
  POSITION STATEMENT:   Testified in support of SSSB 20                        
                                                                               
 Mayor Thomas Greene                                                           
 City of Nondalton                                                             
 P.O. Box 089                                                                  
 Nondalton, AK 99640                                                           
  POSITION STATEMENT:   Testified in support of SSSB 20                        
                                                                               
 Michael Cushing, Research Analyst                                             
 Department of Community & Regional Affairs                                    
 P.O. Box 112100                                                               
 Juneau, AK 99811-2100                                                         
  POSITION STATEMENT:   Offered information on SSSB 20                         
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
 TAPE 95-5, SIDE A                                                             
 Number 001                                                                    
 SCRA - 2/22/95                                                                
        SSSB  20 ALASKA MUNICIPAL BASIC SERVICES PROGRAM                       
                                                                              
                                                                               
  CHAIRMAN TORGERSON  called the Senate Community & Regional Affairs           
 Committee meeting to order at 1:40 p.m., and noted Representative             
 Ivan Ivan was in attendance.                                                  
                                                                               
 CHAIRMAN TORGERSON introduced SSSB 20 as the only order of                    
 business, and stated it was not his intent to pass the bill out of            
 committee this date but to take only public testimony for the                 
 record.                                                                       
                                                                               
 SENATOR TOGERSON opened the hearing to testimony over the                     
 Legislative Teleconference Network.                                           
                                                                               
 Number 030                                                                    
                                                                               
 DON LONG, Mayor of Barrow and President of the Alaska Municipal               
 League, testifying from Barrow, read the following prepared                   
 statement into the record:                                                    
                                                                               
 "The Alaska Municipal League strongly supports the concept embodied           
 in this bill.  It has not yet taken a position on the new changes             
 in the sponsor substitute.                                                    
                                                                               
 The goal of the Alaska Municipal Basic Service is to educate the              
 administration and the Legislature on the critical importance of              
 state revenue sharing with municipalities.                                    
 Each of the fifty states provide some form of revenue sharing with            
 municipalities because political subdivisions carry out a large               
 number of state mandates which would otherwise be totally unfunded            
 state mandates.                                                               
                                                                               
 In Alaska, revenue sharing with municipalities is even more                   
 important because, in addition to many state mandates on                      
 municipalities, the current wealth of the state is primarily                  
 concentrated in a small area to the north. Without a redistribution           
 of these resources to other areas of the state, current state                 
 services would virtually be impossible to sustain at any reasonable           
 level.  Likewise, without a reasonable level of revenue sharing               
 with municipalities, the quality of life and essential services in            
 many municipalities simply cannot be sustained.                               
                                                                               
 The January 25, 1995 Local Boundary Commission report to the                  
 Legislature notes that five municipalities are being recommended              
 for dissolution.  However, many more municipalities and areas of              
 boroughs are seriously considering dissolution or detachment.                 
 Page 50 of the LBC report, which discusses the detachment of part             
 of the Mat-Su Borough, states that the borough has been financially           
 '..penalized because of incorporation.  Anticipated continued                 
 reductions in state aid to local governments will only exacerbate             
 the problem.'                                                                 
                                                                               
 The financial cost to the state to provide services to additional             
 unincorporated areas will be far greater than the cost of                     
 stabilization of revenue sharing at an adequate level.                        
                                                                               
 In the past nine years, the state has cut revenue sharing over 55             
 percent while the state operating budget has experienced moderate             
 growth on the whole.  It has been easy for the state to cut revenue           
 sharing because the state is insulated from the decisions                     
 necessitated by the cuts.  In fact, the cuts to revenue sharing               
 have gone far beyond forcing political subdivisions to operate at             
 maximum efficiency.                                                           
                                                                               
 The primary purpose for the creation of the concept of the Alaska             
 Municipal Basic Services program is to gain your good faith support           
 for the stabilization of state revenue sharing with municipalities            
 this year and in the future."                                                 
                                                                               
 Number 090                                                                    
                                                                               
 DOUG GRIFFIN, City Manager, Valdez, presented a brief history on              
 the concept of putting the legislation together.  At the annual               
 conference of the Alaska Municipal League in 1993, there was                  
 discussion about what members of the League and the municipalities            
 could do to try to address dramatic cuts that have been made in               
 revenue sharing.  A resolution was passed and a committee was                 
 formed that looked at problems with the existing programs, and it             
 was agreed that there was a need to come up with a better approach            
 that they thought they could sell to the legislators:  a category             
 of basic services that legislators could relate to in terms of                
 funds instead of a block grant approach.  He said the bottom line             
 is that they want to try to make is easier for the Legislature to             
 understand the need for the dollars, the need for the services, and           
 they see themselves as a partner with the state in providing                  
 critical services to Alaskans.                                                
                                                                               
 Number 155                                                                    
                                                                               
 LEO RASMUSSEN, testifying from Nome, said in combining municipal              
 assistance and state-shared revenue, they are hoping to maintain a            
 program of funding from the state to all municipal governments with           
 a reasonable level of funding.  The level field they are trying to            
 recreate was not created recently, but was created under a business           
 tax program in 1978 and it has not been adjusted since.  He said it           
 doesn't matter what is done, there's going to be winners and                  
 losers.  There is nothing fair about consolidation of basic                   
 services, but if something isn't done today, it is going to be even           
 less fair when they take another 56 percent cut.  He cautioned that           
 if something isn't done early in the session with the legislation,            
 that it will end up a political football, either failing to pass or           
 completely rewritten.                                                         
                                                                               
 Number 195                                                                    
                                                                               
 BARBARA LACHER, Mayor, Matanuska-Susitna Borough, stated the                  
 borough supports the legislation in its present form.  However, she           
 observed that there will probably be a lot of changes between now             
 and its passage, and she requested that members cautiously observe            
 it through its process.                                                       
                                                                               
 Number 202                                                                    
                                                                               
 DON MOORE, Manager, Matanuska-Susitna Borough, voiced support for             
 some kind of stabilization in the municipal assistance and revenue            
 sharing funds.  He suggested that as the committee works on the               
 legislation to take a close look at the allocation formulas and the           
 rationale that goes into them.  He questioned why police are given            
 a 17 percent allocation while fire and emergency medical services             
 are given only 11 percent.  He also suggested examining the                   
 philosophical change from rather than looking at local revenue                
 generation, this seems to be based on local expenditures.                     
                                                                               
 Number 240                                                                    
                                                                               
 TOM SMITH, City Manager, Palmer, stated the city's support for SSSB
 20 in its current form.  The basic concept of the legislation is              
 very good.  He suggested the Legislature should keep dissolutions             
 in mind because the state pays for them.  He pointed out that last            
 year petitions for dissolution of five cities were approved, and it           
 is projected that 14 other cities may consider dissolution this               
 year.                                                                         
                                                                               
 Number 260                                                                    
                                                                               
 TOM QUICK, Vice Mayor of Ouzinkie, spoke on behalf of Mayor                   
 Chichenoff.  He said they have been experiencing difficulty with              
 managing their budget and coming up with enough money to provide              
 essential services.  The small communities don't have a taxation              
 base; the majority of housing is provided by HUD and, as such, they           
 are not permitted to tax that housing.  He noted at the Alaska                
 Conference of Mayors meeting in Homer, it was concluded that in a             
 small community approximately $50,000 was about the minimum amount            
 needed to provide the essential services, but under SSSB 20, the              
 entitlement for his community is down to about $40,000.  He stated            
 he favors the bill overall, but he hopes that it can be kept down             
 to as simple a concept as possible.                                           
                                                                               
 Number 343                                                                    
                                                                               
 GENE DUSEK, Budget Director, Municipality of Anchorage, voiced the            
 municipality's support for the concept of the municipal basic                 
 services program and their belief that the program makes a lot more           
 sense than the current municipal assistance and revenue sharing               
 programs.  He expressed the hope that the Legislature will more               
 adequately fund something that makes more sense.  They see no real            
 problem with the minimum entitlement provision, but they feel that            
 the minimum entitlement should be subject to proration if funding             
 is cut.  He reiterated that the municipality is very supportive of            
 the concept of the program, but they are concerned with the way the           
 sponsor substitute is currently written and its impact on                     
 Anchorage.                                                                    
                                                                               
 Number 390                                                                    
                                                                               
 BETTY GLICK, speaking on behalf of the Kenai Peninsula Borough                
 Assembly, said they have been working with other municipalities to            
 come up with a program that would be mutually acceptable  to the              
 Legislature and the local governments that does show some                     
 stability, predictability, and fiscal accountability.  She said the           
 Kenai Peninsula Borough supports the concept of SSSB 20 at this               
 time, and they encourage the Legislature to continue working with             
 the municipalities towards the development of a mutually acceptable           
 program, keeping in mind that the municipalities are in partnership           
 with the state.                                                               
                                                                               
 Number 420                                                                    
                                                                               
 TOM BOEDEKER, an attorney for the Kenai Peninsula Borough, said he            
 has also served as chairman of thef Alaska Municipal League                   
 Legislative Committee, so he has been involved in this process.               
 One of the issues that they addressed in the legislation, and they            
 think is important for the Legislature to look at, is that the                
 current program does not seem to garner a great deal of support               
 when it comes time for funding.  In fashioning a new program, they            
 tried to determine what the essential services were, where the                
 money was being spent, and identify those services and tie the                
 funding to them so that it would have more support to show that the           
 municipalities are providing these services.  He pointed out that             
 a certain portion of the state funding does go to provide services            
 to the citizens, and that municipalities are often the best                   
 mechanism for delivering those services.                                      
                                                                               
 Number 440                                                                    
                                                                               
 FRED ARMSTRONG, testifying from Kotzebue, stated support for the              
 AMBS program.  He spoke to the impact that the reductions in                  
 municipal assistance and revenue sharing have on small communities            
 in his region.  Significant reductions are seen as economic losses            
 because local governments provide the majority of employment in               
 their small communities.  Any cuts not only affect the services but           
 jobs as well.  Since 1990, the City of Kotzebue has seen a 50                 
 percent reduction in municipal assistance and 58 percent reduction            
 in revenue sharing.  He urged that legislators make a bipartisan              
 effort to pass the legislation to ensure that  municipalities can             
 operate effectively.                                                          
                                                                               
 Number 460                                                                    
                                                                               
 LOIS IRVIN, testifying from Homer, expressed her appreciation for             
 the legislation and her interest in seeing it passed by the                   
 Legislature.                                                                  
                                                                               
 Number 490                                                                    
                                                                               
 MAYOR ALBERT DICK, testifying from Hoonah, voiced the City of                 
 Hoonah's support for the concept of SSSB 20.  Like all the other              
 communities, Hoonah has experienced major funding cuts in municipal           
 assistance and revenue sharing.  He said if the cuts continue, they           
 may be losing their police department.                                        
                                                                               
 Number 498                                                                    
                                                                               
 There being no other witnesses wishing to testify over the                    
 teleconference network, SENATOR TORGERSON closed that portion of              
 the meeting and stated testimony would be taken in Juneau.                    
                                                                               
 Number 500                                                                    
                                                                               
 MAYOR ALAIRE STANTON of the City of Ketchikan related that she is             
 also president of the Conference of Mayors.  At their last meeting            
 the conference passed a resolution in support of the concepts                 
 contained in SB 20.  Even though the communities that she                     
 represents, Ketchikan, Saxman and the Ketchikan Gateway Borough do            
 not either gain a lot or lose a lot under the current scenario,               
 they feel that the concept contained in the revisions of the                  
 program are the ones they want to support.  They believe it is                
 appropriate that the state share in those basic services that are             
 provided by the municipalities, because if the municipalities were            
 not providing those services, the state would have to pick up on              
 them.                                                                         
                                                                               
 Number 510                                                                    
                                                                               
 MAYOR THOMAS GREENE of the City of Nondalton, speaking on behalf of           
 the City of Nondalton and the Lake and Peninsula Borough, said it             
 is quite obvious that the old programs are unfavorable in most                
 areas of the state because of the conflicts of each program.  The             
 AMBS program puts this together and reflects a realistic look of              
 what municipal basic services is.  However, their are two concerns            
 that both the city has and the borough has.  One is the minimum               
 entitlement and the other is the discretion of unincorporated                 
 communities within organized boroughs versus unincorporated                   
 communities outside of boroughs.  There is thought that if both are           
 sitting right on that boundary line providing the same services,              
 one is going to do better just because it is outside of a borough.            
                                                                               
 SENATOR TORGERSON said he had omitted a transition period in the              
 original version of SB 20, mainly because of his concern that it              
 would be leading this program to change the formulas by the                   
 transition instead of the merits of the bill.  That transition                
 period is in the sponsor substitute and it has raised a lot of                
 questions.  He asked Michael Cushing of the Department of Community           
 & Regional Affairs to explain how the transition provisions would             
 take effect, particularly if there was a cut to existing funding              
 levels.                                                                       
                                                                               
 MICHAEL CUSHING, Research Analyst, Department of Community &                  
 Regional Affairs, said as the transition provision is laid out in             
 the bill, the provision provides for a maximum loss to                        
 municipalities of 2 percent in the first year compared to their FY            
 95 funding; in the next year it would 2 be percent compared to                
 their FY 96 funding; and for the next year and out years it would             
 be no more than a 5 percent loss in preceding years.                          
                                                                               
 He said the scenario is simple if we were to stay at the FY 95                
 funding level for the next 10 years.  First they would run the                
 basic formula that's presented in the bill.  They would then put              
 all of those numbers into the computer which would result in a new            
 allocation.  He agreed that when changing from one formula approach           
 to another, there are going to winners and there are going to be              
 losers.  No matter what the formula, there is going to be someone             
 changing up or down.  Finally, the transition provision is applied.           
 In this case, if there is a stable level of funding, essentially,             
 you take money from the winners and move that down to the losers to           
 bring that collective group of losers up to a maximum loss of 2               
 percent, so any given community would not lose more than 2 percent            
 from the preceding year.                                                      
                                                                               
 However, if there was a fairly major cut in overall program                   
 funding, they would run the formula and see who are winners and               
 losers in the formula.  They would then attempt to do the second              
 step of the process, which would be to take money from those who              
 are still winners and move it down to those losers in attempt to              
 bring them up to no more than a 2 percent loss.  He added there is            
 some point where there would not be enough winners to make up the             
 money to bring the losers up to a 2 percent loss.                             
                                                                               
 TAPE 95-5, SIDE B                                                             
 Number 015                                                                    
                                                                               
 SENATOR TORGERSON asked if the 1978 business license tax base has             
 ever received a cut since it has been in place.  MICHAEL CUSHING              
 responded that it hasn't.  On the municipal assistance side, there            
 is a $11.6 million base amount under municipal assistance, so if              
 there are cuts to the municipal assistance program, they are taken            
 out of the per capita sharing side of it.  That base amount that is           
 protected is about $11 million.  SENATOR TORGERSON said he made               
 that point because there may be people who are not aware that since           
 this program has been existence, there are portions of it that                
 aren't subject to a cut, and, with the AMBS program, all portions             
 of the program are equal, except for unincorporated communities and           
 volunteer fire departments.  MICHAEL CUSHING said that exception              
 would also include the $40,000 minimum entitlement communities once           
 that is taken out.                                                            
                                                                               
 Number 035                                                                    
                                                                               
 There being no further witnesses wishing to testify on SSSB 20,               
 SENATOR TORGERSON said it was his intent to continue working with             
 the Alaska Municipal League and the Conference of Mayors on the               
 formula and the transition provision.  He then adjourned the                  
 meeting at 2:30 p.m.                                                          
                                                                               

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