Legislature(1997 - 1998)

03/12/1997 01:35 PM Senate CRA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
         SENATE COMMUNITY & REGIONAL AFFAIRS COMMITTEE                         
                         March 12, 1997                                        
                           1:35 p.m.                                           
                                                                               
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
 Senator Jerry Mackie, Chairman                                                
 Senator Gary Wilken, Vice Chairman                                            
 Senator Dave Donley                                                           
 Senator Randy Phillips                                                        
 Senator Lyman Hoffman                                                         
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
 All members present                                                           
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
 SENATE BILL NO. 78                                                            
 "An Act relating to reimbursement to a municipality for certain               
 property tax revenues lost to it as a result of a tax exemption for           
 certain residences; and providing for an effective date."                     
                                                                               
  -- HEARD AND HELD                                                            
                                                                               
  PREVIOUS SENATE COMMITTEE ACTION                                             
                                                                               
 SB 78 - No previous action to record.                                         
                                                                               
  WITNESS REGISTER                                                             
                                                                               
 Tuckerman Babcock, Legislative Aide to Senator Lyda Green                     
 State Capitol                                                                 
 Juneau, AK 99801-1182                                                         
  POSITION STATEMENT:   Offered information on SB 78                           
                                                                               
 Tim Armstrong                                                                 
 Department of Alaska, American Legion                                         
 6590 Glacier Highway, #101                                                    
 Juneau, AK 99801                                                              
  POSITION STATEMENT:   Testified in support of SB 78                          
                                                                               
 John Bitney                                                                   
 Alaska Housing Finance Corporation                                            
 P.O. Box 101020                                                               
 Anchorage, AK 99510-1020                                                      
  POSITION STATEMENT:   AHFC has concerns with SB 78                           
                                                                               
 Lucille Frey                                                                  
 HC02 Box 7342                                                                 
 Palmer, AK 99645                                                              
  POSITION STATEMENT:   Supports SB 78                                         
                                                                               
 Kevin Ritchie, Executive Director                                             
 Alaska Municipal League                                                       
 217 2nd St.                                                                   
 Juneau, AK 99801                                                              
  POSITION STATEMENT:   Municipal League supports intent of SB 78              
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
  TAPE 97-11, SIDE A                                                           
 Number 001                                                                    
                                                                               
         SB 78 AHFC FUND: REIMBURSE SR. CIT PROP. TAX                        
                                                                               
  CHAIRMAN MACKIE  called the Senate Community & Regional Affairs              
 Committee meeting to order at 1:35 p.m.  He brought SB 78 before              
 the committee as the only order of business.                                  
                                                                               
  TUCKERMAN BABCOCK , Legislative Aide to Senator Lyda Green who is            
 prime sponsor of SB 78, explained the legislation simply identifies           
 in statute that the funding source for the senior and disabled                
 veterans property tax exemption would be the Alaska Housing Finance           
 Corporation (AHFC).  The practical effect of doing that is to: (1)            
 focus the Legislature's attention when it considers funding this              
 exemption mandated on local government; (2) that it is a subsidy              
 for housing and that it is a subsidy for seniors and disabled                 
 veterans; and (3) that an agency the state has created to help                
 subsidize housing is the Alaska Housing Finance Corporation and it            
 does earn dividends or profits that could be directed to this                 
 purpose without threatening their status in the bond market.                  
                                                                               
 Mr. Babcock pointed out that reimbursements to the municipalities             
 for this program have been steadily declining, and last year the              
 Legislature stopped funding it 100 percent.  As one of its                    
 legislative priorities this year, the Alaska Municipal League is              
 seeking the repeal of the exemption, which has led to an effort by            
 Senator Green to find some source within state government that                
 would be appropriate for subsidizing the property taxes of certain            
 seniors, disabled veterans and surviving spouses of disabled                  
 veterans.                                                                     
                                                                               
 Number 078                                                                    
                                                                               
  SENATOR WILKEN  asked what effect SB 78 would have on the five-year          
 plan to balance the state's budget, as well as its effect on AHFC             
 if they are tapped for another $20 million along with the five-year           
 plan.   MR. BABCOCK  responded the effect on the five-year plan to            
 balance the budget would be detrimental if this were simply added             
 to the general appropriations from AHFC, but Senator Green's goal             
 with this bill is to place the discussion about whether to fund               
 this in the context of the available money from AHFC, which is both           
 the $50 million that has typically been presented as a dividend to            
 the state general fund and the remaining capital money of                     
 approximately $50 million.  The alternatives would be to either               
 have it come from the dividend monies or the capital monies.  It              
 would not be Senator Green's intent to imply that any further                 
 appropriation should be sought from AHFC.                                     
                                                                               
 Number 140                                                                    
                                                                               
  TIM ARMSTRONG , representing the Department of Alaska, American              
 Legion in Juneau, voiced their support for the passage of SB 78.              
 The organization feels it is a vital benefit to disabled veterans             
 and their spouses.  It would do a lot to help keep these seniors in           
 Alaska and keep them active in the volunteer services that they               
 provide throughout the state and to the state economy.                        
                                                                               
 Number 185                                                                    
                                                                               
  JOHN BITNEY , representing the Alaska Housing Finance Corporation,           
 said the corporation sees the bill as an effort to try to seek a              
 resolution to a problem of reimbursing municipalities for the cost            
 of property tax exemptions, and in that regard they don't oppose              
 this effort, but there are some situations in regards to how this             
 would have to happen.                                                         
                                                                               
 The language, as currently written in the bill, would attach to the           
 revolving fund at AHFC the opportunity to take money from that                
 account to put into the program to reimburse the municipalities for           
 the cost of these tax exemptions.                                             
                                                                               
 Mr. Bitney explained the corporation has an agreement with the                
 state of Alaska to transfer $103 million annually to the state both           
 for capital projects and for a dividend to the state of Alaska.               
 That amount is set in terms of an agreement AHFC has with the                 
 rating agencies, and AHFC can basically live with that amount on an           
 annual basis and maintain solid credit ratings for the corporation            
 so it can go out and issue debt.  In order for a program like this            
 to be funded, it would be well in excess of $20 million on an                 
 annual basis.  In order to pay for something like that and not                
 affect the corporation's credit ratings, that appropriation would             
 have to come from within the $103 million the corporation annually            
 provides.                                                                     
                                                                               
 Mr. Bitney pointed out that in terms of the capital appropriations            
 that AHFC provides for in its $53 million capital budget, they do             
 provide for things like senior housing development programs and               
 projects.  The corporation tries to meet the needs for senior                 
 housing across the state of Alaska, and, in doing so, they put                
 seniors into projects that are taxable by municipalities while at             
 the same time putting existing homes and property owned by seniors            
 back on the municipal tax rolls.                                              
 In closing, Mr. Bitney pointed out the corporation is providing the           
 $103 million annually, and if the Legislature chose to do so, it              
 could fund this program with or without a piece of legislation at             
 this point in time.                                                           
                                                                               
 Number 245                                                                    
                                                                               
  CHAIRMAN MACKIE  referred to AHFC's fiscal note and asked if the             
 projections included a 10 percent annual growth at a minimum.   MR.           
 BITNEY  acknowledged that was correct.                                        
                                                                               
  CHAIRMAN MACKIE  asked Mr. Bitney is he was saying that with                 
 anything, in addition to the $103 million that is committed through           
 the agreement with the Legislature, whether it is $22 million or              
 $36 million five years from now, the agency would not be able to              
 withstand paying out that money unless it came from within the $103           
 million, in terms of credit ratings and other things.   MR. BITNEY            
 acknowledged that was the point he was trying to make.                        
                                                                               
 Number 290                                                                    
                                                                               
  SENATOR HOFFMAN  commented that the 10 percent growth rate used in           
 the preparation of the fiscal note seems to be quite low compared             
 to taking an average of the last 10 to 12 years, and then that 10             
 percent would be in the neighborhood of 12 to 15 percent,                     
 historically.    MR. BITNEY  agreed with his analysis, and related            
 that he purposely used a low number, not to try to inflate his                
 estimates, but, by using a low number, the point was made that this           
 is a significantly growing program.                                           
                                                                               
 Responding to a question from  SENATOR PHILLIPS  relating to the              
 amount of funds the corporation has transferred to the state                  
 treasury in recent years,  MR. BITNEY  said to date, the corporation,         
 with the recent announcement of the state mortgage insurance fund             
 being turned over to the state, will have paid back to the state              
 $903 million in cash, net of capital projects and mortgage activity           
 of the state of Alaska.  He also acknowledged to Senator Phillips             
 that the corporation still has approximately $100 million left to             
 repay to the state.                                                           
                                                                               
 Number 340                                                                    
                                                                               
  SENATOR WILKEN  asked what effect a $20 million appropriation to             
 this program would have on AHFC.   MR. BITNEY  responded it would             
 compete in the appropriation process for the projects, maintenance,           
 etc., that AHFC pays for.   SENATOR WILKEN  commented that                    
 personally, he would like to see that, but he would have to balance           
 that with where the $20 million in cuts might be made.  He said the           
 people in the North Star Borough would prefer to not have to fund             
 this mandate anymore; they would like to have the state do what               
 they promised to do years ago.                                                
                                                                               
 Number 365                                                                    
                                                                               
  LUCILLE FREY  of Palmer, testifying from the Mat-LIO, suggested the          
 state should mandate that the municipalities do not tax the                   
 property of senior citizens within the borough.  She said the state           
 should either fund this mandate or eliminate it because it just               
 puts a bigger burden on the local taxpayers.  She added that if               
 this bill will resolve the problem, she is in support of it.                  
                                                                               
 Number 400                                                                    
                                                                               
  KEVIN RITCHIE , Executive Director, Alaska Municipal League, stated          
 the League is in support of the intent of the bill, however, they             
 don't want to damage the ability of the Alaska Housing Finance                
 Corporation to do business.  He said with an unfunded mandate, the            
 two choices are to give the responsibility to the people paying the           
 bill, or, in essence, find another way to take care of that cost,             
 which is the intent of this legislation.                                      
                                                                               
 Mr. Ritchie pointed out that over the last ten years or so the cost           
 of the exemption has gone up by 400 percent or more, and it is a              
 very substantial part of municipal budgets and what municipal                 
 taxpayers have to make up to pay the difference for this funding.             
 He also pointed out that the population of older people in Alaska             
 is increasing, and the value of the homes that seniors live in is             
 also increasing.  So when looking at the estimates for the cost of            
 this program in the future, it is going up, and it does need to be            
 addressed.                                                                    
                                                                               
 Number 419                                                                    
                                                                               
  SENATOR HOFFMAN  asked Mr. Ritchie if he would support the                   
 Legislature not mandating the tax exemption and thereby not paying            
 it.   MR. RITCHIE  acknowledged that he would.  He added that in past         
 years, the Municipal League has been in support of bills that would           
 allow the local taxpayers that each pay $50 to fund this exemption,           
 to have them decide how the exemption would be delivered, what the            
 maximum amount of the exemption would be, etc.                                
                                                                               
 Number 445                                                                    
                                                                               
  TUCKERMAN BABCOCK  directed attention to the "Senior                         
 Citizen/Disabled Veteran Property Tax Exemption Program History"              
 prepared by the Office of the State Assessor in DCRA, and noted               
 that although the projections of cost prepared by AHFC are based on           
 10 percent, the program history shows the actual percent increase             
 over the last 10 years is closer to seven percent, and the                    
 percentage increase in the number of people applying is about seven           
 percent and it is dropping down to five or six percent.  Further,             
 it has always been an option, as has been the case for the last 10            
 years, of funding the exemption at some percentage less than 100              
 percent.                                                                      
 Number 460                                                                    
                                                                               
  SENATOR PHILLIPS  commented that this is just one piece of the               
 puzzle in the grand scheme of things of doing the budget, and if              
 this pushed in, it is going to effect other things.  He suggested             
 keeping the legislation in committee for a couple of days before              
 deciding what to do with the bill.                                            
                                                                               
  SENATOR HOFFMAN  commented that the legislation would be expanding           
 the fiscal gap, which would be going in the wrong direction.  He              
 suggested maybe the sensible financial thing to do would be to make           
 this bill into a committee substitute that wouldn't mandate the tax           
 credit by municipalities.                                                     
                                                                               
 Number 490                                                                    
                                                                               
  CHAIRMAN MACKIE  stated SB 78 would be held in committee so that the         
 members have an opportunity to digest the whole issue, discuss                
 options, etc., before scheduling it for another hearing.  He then             
 adjourned the meeting at 2:12 p.m.                                            
                                                                               

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