Legislature(1999 - 2000)
03/01/2000 01:43 PM Senate CRA
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SENATE COMMUNITY & REGIONAL AFFAIRS COMMITTEE
March 1, 2000
1:43 p.m.
MEMBERS PRESENT
Senator Tim Kelly, Chair
Senator Jerry Mackie, Vice Chair
Senator Randy Phillips
Senator Lyman Hoffman
MEMBERS ABSENT
Senator Jerry Ward
COMMITTEE CALENDAR
HOUSE BILL NO. 272
"An Act relating to the tax assessment by a home rule or general
law municipality of housing that qualifies for the low-income
housing credit under the Internal Revenue Code; and providing for
an effective date."
- MOVED HB 272 OUT OF COMMITTEE
SENATE JOINT RESOLUTION NO. 37
Requesting the Municipality of Anchorage to name a trail as the
Trent-Waldron Memorial Trail.
- HEARD AND HELD
PREVIOUS SENATE COMMITTEE ACTION
HB 272 - No previous Senate action.
SJR 37 - No previous Senate action.
WITNESS REGISTER
Mr. Jonathan Lack
Staff to Representative Halcro
Alaska State Capitol
Juneau, AK 99801
POSITION STATEMENT: Presented HB 272.
Mr. John Bitney
Legislative Liaison
Alaska Housing Finance Corporation
4300 Boniface Parkway
Anchorage, AK 99510
POSITION STATEMENT: Supports HB 272.
Mr. Jeff Judd
Executive Director
Anchorage Mutual Housing Association
3700 Woodland #500
Anchorage, AK 99517
POSITION STATEMENT: Supports HB 272.
Senator Dave Donley
Alaska State Capitol
Juneau, AK 99801
POSITION STATEMENT: Sponsor of SJR 37.
ACTION NARRATIVE
TAPE 00-02, SIDE A
Number 001
CHAIRMAN TIM KELLY called the Senate Community & Regional Affairs
Committee meeting to order at 1:43 p.m. The first order of
business to come before the committee was HB 272.
HB 272-MUNICIPAL TAX: LOW INCOME HOUSING
MR. JONATHAN LACK, legislative staff to Representative Halcro,
presented HB 272, and stated until 1998, local governments in the
State were assessing low income housing based on its federally
restricted rental income.
In 1998, the Municipality of Anchorage changed the formula for
assessing these projects, and the formula is now based on the
market value of the units. Because these units have deed
restrictions on the amount of rent charged, the non-profit
organizations who sponsor the units cannot raise rents to
compensate for the increase in property taxes.
The new formula places low income housing units in jeopardy. It
also puts units throughout the State at risk. Banks statewide are
refusing to finance these projects anywhere in the State without a
uniform statewide taxation policy.
The City and Borough of Juneau has tried to change its assessment
policy in the past. The non-profit organizations in Juneau were
successful in the appeal to the local Board of Equalization. Other
western states have exempted low income housing from local property
taxes. HB 272 only requires that the assessor consider rent
restrictions on these properties. HB 272 fills the need for
affordable housing.
SENATOR PHILLIPS stated the Muldoon side of his district has
complaints about treating property owners as a different class. HB
272 creates an unequal situation for property owners.
MR. LACK stated people are questioning what is low income housing,
and what is housing that is qualified for low income tax credits.
There are very few units in Anchorage that qualify for tax credits.
The market is not filling the need for low income housing. That is
why the federal government established the low income housing tax
credit program. The fair way to assess low income housing is based
on what the income of the units are; the income is restricted by
the deed restrictions. The tax credits given for the units are
separated from the ownership, the benefits of the tax credits go to
a different party, not the owner. The tax credits are very minimal
in benefit to the purchaser.
SENATOR MACKIE asked if the Municipality of Anchorage supports HB
272.
MR. LACK stated yes.
SENATOR MACKIE asked if there is other opposition to HB 272.
MR. LACK stated most opposition comes from people who are comparing
units that have low income families renting their properties.
SENATOR MACKIE asked if, once HB 272 is explained to those people,
their view changed.
MR. LACK stated no. They do not want government subsidized
competition.
SENATOR MACKIE asked if the city assessor assesses based on rental
income.
MR. LACK said yes.
SENATOR MACKIE asked if the Municipality of Anchorage was going to
change the formula through an ordinance.
Number 135
MR. LACK stated the State assessor testified the ordinance change
proposed by the assembly was not permissible.
Number 165
SENATOR HOFFMAN asked how often the income of people occupying low
income housing is evaluated.
MR. LACK replied the people qualify to get into low income housing,
but there is no evaluation beyond that.
SENATOR HOFFMAN stated if there were provisions in HB 272 that
required an evaluation, maybe there would not be opposition to HB
272.
Number 188
MR. JOHN BITNEY, legislative liaison for Alaska Housing Finance
Corporation (AHFC), stated support for HB 272. The opposition
comes from people seeing only the benefit of tax credits. Those
people don't see the obligations for the developer who is involved
in these projects.
Annual audits are performed for AHFC to look at qualifications by
income for every tenant within the building, to maintain compliance
with the IRS code for the tax credit to remain valid. The IRS has
no leniency about qualifications for families in low income
housing.
CHAIRMAN KELLY asked if a family's income increases, does that
family have to move out of low income housing units.
MR. BITNEY stated once a family qualifies to move in, the law does
not require eviction if the annual income increases for the family.
Number 243
MR. JEFF JUDD, Executive Director of Anchorage Mutual Housing
Association (AMHA), supports HB 272. AMHA provides healthier
community for all Alaskans, in response to the need for affordable
housing. Non-profit organizations began developing properties to
serve lower income families.
SENATOR MACKIE moved HB 272 with individual recommendations out of
committee. SENATOR PHILLIPS objected. The motion carried with
Senators Mackie, Hoffman, and Kelly voting "Yea," and Senator
Phillips voting "Nay."
SJR 37-PROPOSING TRENT-WALDRON MEMORIAL TRAIL
Number 286
SENATOR DAVE DONLEY, sponsor of SJR 37, stated SJR 37 is a request
from the Municipality of Anchorage that an extension of the coastal
trail in Anchorage be named the Trent-Waldron Memorial Trail. The
Trent family was very active in the trail and running community,
this would be a way to memorialize the names of the people who were
killed at McHugh Creek on July 1, 1995, as a result of a bear
attack.
CHAIRMAN KELLY asked, as the Tony Knowles Coastal Trail is
extended, it will stop at Kincaid Park and under SJR 37 the Trent-
Waldron Memorial Trail will continue.
SENATOR DONLEY stated that was correct.
SENATOR PHILLIPS asked how many miles the trail would reach.
SENATOR DONLEY said it is undetermined because there is no design
for the trail yet.
CHAIRMAN KELLY stated he would be more comfortable with naming a
section the Trent-Waldron Memorial Section of the Tony Knowles
Coastal Trail.
SENATOR DONLEY stated this would be a new trail that doesn't exist
right now. This family was wronged by the State and the Department
of Fish & Game. They were killed at McHugh Creek where the trail
will eventually run. All the factors make it appropriate to name
it after the families.
SENATOR HOFFMAN asked if the decision was up to the Anchorage
Assembly to name the trail after those families.
SENATOR DONLEY stated yes. SJR 37 is simply a request of the
Anchorage Assembly to name the trail that will run between Kincaid
Park and Potter Marsh after those families.
CHAIRMAN KELLY asked how these families were wronged by the State
and the Department of Fish & Game.
SENATOR DONLEY stated controversy arose about the Department of
Fish & Game's failure to go after the bear. The Department of Fish
& Game had no policy on how to deal with human kills by bears were
to be taken care of. There was no effort to track the bear, and it
was proven once a bear has killed humans it has greater propensity
to kill humans again.
SENATOR HOFFMAN asked what the time frame was for the proposed
trail.
SENATOR DONLEY stated the Executive Branch is interfering with the
planning process of the trail and there are legitimate concerns on
how Department of Transportation is proceeding with this project.
CHAIRMAN KELLY asked if the trail would be an extension of the Tony
Knowles Coastal Trail.
SENATOR DONLEY stated yes.
CHAIRMAN KELLY stated SJR 37 would be held in committee for further
review. There being no further business to come before the
Community & Regional Affairs Committee, the meeting was adjourned
at 2:10 p.m.
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