Legislature(2011 - 2012)BELTZ 105 (TSBldg)

03/29/2012 03:30 PM Senate COMMUNITY & REGIONAL AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Bills Previously Heard/Scheduled TELECONFERENCED
= SB 223 TAX CRED: CONTR. TO HOMELESS SHELT/DETOX
Heard & Held
= SB 225 ESTABLISH ENDOW ALASKA GRANT PROGRAM
Moved SB 225 Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
    SENATE COMMUNITY AND REGIONAL AFFAIRS STANDING COMMITTEE                                                                  
                         March 29, 2012                                                                                         
                           3:35 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Donald Olson, Chair                                                                                                     
Senator Thomas Wagoner                                                                                                          
Senator Albert Kookesh                                                                                                          
Senator Linda Menard                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Johnny Ellis                                                                                                            
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 223                                                                                                             
"An Act  relating to a  credit against the  net income tax  for a                                                               
contribution made by a taxpayer  to a nonprofit organization that                                                               
provides an emergency shelter for  the homeless or a facility for                                                               
alcohol or drug detoxification."                                                                                                
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 225                                                                                                             
"An Act creating the endow Alaska grant program in the                                                                          
Department of Commerce, Community, and Economic Development to                                                                  
encourage community development."                                                                                               
                                                                                                                                
     - MOVED SB 225 OUT OF COMMITTEE                                                                                            
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 223                                                                                                                  
SHORT TITLE: TAX CRED: CONTR. TO HOMELESS SHELT/DETOX                                                                           
SPONSOR(s): COMMUNITY & REGIONAL AFFAIRS                                                                                        
                                                                                                                                
03/02/12       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/02/12       (S)       CRA, FIN                                                                                               
03/15/12       (S)       CRA AT 3:30 PM BELTZ 105 (TSBldg)                                                                      
03/15/12       (S)       Heard & Held                                                                                           
03/15/12       (S)       MINUTE(CRA)                                                                                            
03/27/12       (S)       CRA AT 3:30 PM BELTZ 105 (TSBldg)                                                                      
03/27/12       (S)       Heard & Held                                                                                           
03/27/12       (S)       MINUTE(CRA)                                                                                            
                                                                                                                                
BILL: SB 225                                                                                                                  
SHORT TITLE: ESTABLISH ENDOW ALASKA GRANT PROGRAM                                                                               
SPONSOR(s): COMMUNITY & REGIONAL AFFAIRS                                                                                        
                                                                                                                                
03/14/12       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/14/12       (S)       CRA, FIN                                                                                               
03/22/12       (S)       CRA AT 3:30 PM BELTZ 105 (TSBldg)                                                                      
03/22/12       (S)       Heard & Held                                                                                           
03/22/12       (S)       MINUTE(CRA)                                                                                            
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
DAVID SCOTT, Staff                                                                                                              
Senator Donny Olson                                                                                                             
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Reviewed the committee substitute (CS) for                                                                
SB 223.                                                                                                                         
                                                                                                                                
JOHANNA BALES                                                                                                                   
Acting Director                                                                                                                 
Tax Division                                                                                                                    
Department of Revenue (DOR)                                                                                                     
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified that neither the CS for SB 223 nor                                                              
the amendment would significantly change the DOR fiscal note.                                                                   
                                                                                                                                
SYDNEY SEAY, Staff                                                                                                              
Senator Donny Olson                                                                                                             
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Introduced SB 225 and companion bill, HB
290.                                                                                                                            
                                                                                                                                
ERIN HARRINGTON, Staff                                                                                                          
Representative Alan Austerman                                                                                                   
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Answered questions related to SB 225.                                                                     
                                                                                                                                
SCOTT RUBY, Director                                                                                                            
Division of Community and Regional Affairs                                                                                      
Department of Commerce, Community and Economic Development                                                                      
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified that DCCED did not have a position                                                              
on SB 225.                                                                                                                      
                                                                                                                                
KEN CASTNER, Chair                                                                                                              
Board of Trustees                                                                                                               
Homer Foundation                                                                                                                
Homer, Alaska                                                                                                                   
POSITION STATEMENT: Supports SB 225.                                                                                          
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
3:35:39 PM                                                                                                                    
CHAIR  DONALD  OLSON called  the  Senate  Community and  Regional                                                             
Affairs Standing Committee meeting to  order at 3:35 p.m. Present                                                               
at  the call  to order  were Senators  Menard, Kookesh  and Chair                                                               
Olson. Senator Wagoner arrived during the course of the meeting.                                                                
                                                                                                                                
        SB 223-TAX CRED: CONTR. TO HOMELESS SHELT/DETOX                                                                     
                                                                                                                                
3:35:58 PM                                                                                                                    
CHAIR OLSON  announced the consideration  of SB 223. He  said the                                                               
bill was  heard twice before, and  it was his intention  to adopt                                                               
an amendment and set the bill aside for further review.                                                                         
                                                                                                                                
DAVID  SCOTT,   Staff,  Senator  Donny  Olson,   noted  that  the                                                               
committee needed to adopt version D committee substitute (CS) .                                                                 
                                                                                                                                
SENATOR  MENARD moved  to adopt  the work  draft CS  for SB  223,                                                               
labeled 27-LS1419\D, as the working document.                                                                                   
                                                                                                                                
CHAIR  OLSON  announced  that without  objection  version  D  was                                                               
before the committee.                                                                                                           
                                                                                                                                
MR. SCOTT summarized  the changes made in the CS.  First, it adds                                                               
a  5-year sunset  to give  the legislature  time to  evaluate the                                                               
success of  the tax credit.  Second, it delineates  that eligible                                                               
organizations  must be  established before  January 1,  2012. The                                                               
intent  is  to  help  current nonprofit  service  providers,  not                                                               
stimulate new  ones. Third, it  removes the dollar match  for tax                                                               
credits and  instead allows  a tax  credit of  50 percent  of the                                                               
donation.  Finally, on  page 2,  line 3,  departmental procedures                                                               
for approvals were added.                                                                                                       
                                                                                                                                
3:40:02 PM                                                                                                                    
SENATOR MENARD moved to adopt Amendment 1, labeled 27-                                                                          
LS1419\D.1.                                                                                                                     
                                                                                                                                
                      A M E N D M E N T 1                                                                                   
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE                                                                                                      
          TO:  CSSB 223( ), Draft Version "D"                                                                                   
                                                                                                                                
     Page 2, lines 10-12:                                                                                                       
          Delete all material and insert:                                                                                       
               "(d)  The commissioner shall, by January 1 of                                                                    
          each  year,  provide  to  the  legislature  a  list  of                                                               
          recipients  of  contributions,   the  total  amount  of                                                               
          contributions reported, and the  total amount of credit                                                               
          claimed   under  this   section  during   the  previous                                                               
          calendar year."                                                                                                       
                                                                                                                                
3:40:19 PM                                                                                                                    
CHAIR OLSON  found no  objection and  announced that  Amendment 1                                                               
was adopted.                                                                                                                    
                                                                                                                                
MR. SCOTT  said the intent is  for the legislature every  year to                                                               
see the effect of the tax  credit. He noted that the tax division                                                               
did not object to the amendment.                                                                                                
                                                                                                                                
SENATOR  MENARD asked  if it  was his  understanding that  no one                                                               
opposed the bill.                                                                                                               
                                                                                                                                
MR.  SCOTT replied  that is  correct, but  that public  testimony                                                               
should continue.                                                                                                                
                                                                                                                                
SENATOR MENARD expressed comfort with the bill.                                                                                 
                                                                                                                                
CHAIR  OLSON  asked  Ms. Bales  if  the  amendment  significantly                                                               
changes the revenue stream for the state.                                                                                       
                                                                                                                                
3:41:58 PM                                                                                                                    
JOHANNA  BALES,  Deputy  Director, Tax  Division,  Department  of                                                               
Revenue,  said  that  neither  the CS  nor  the  amendment  would                                                               
significantly change the DOR fiscal note.                                                                                       
                                                                                                                                
CHAIR OLSON announced he would hold SB 223 in committee.                                                                        
                                                                                                                                
          SB 225-ESTABLISH ENDOW ALASKA GRANT PROGRAM                                                                       
                                                                                                                                
3:42:31 PM                                                                                                                    
CHAIR OLSON  announced the consideration  of SB 225 and  noted it                                                               
was heard once before.                                                                                                          
                                                                                                                                
3:43:00 PM                                                                                                                    
SENATOR WAGONER joined the meeting.                                                                                             
                                                                                                                                
3:43:07 PM                                                                                                                    
SYDNEY  SEAY, Staff,  Senator  Olson, said  SB  225 [creates  the                                                               
endow Alaska Grant program, which  would establish a mechanism to                                                               
allow local  community foundations to leverage  private donations                                                               
from  within a  community  by matching  donor contributions  with                                                               
state funds.] The  match applies to donations up  to $25,000. She                                                               
noted that  no one  had voiced  opposition to  the bill,  and the                                                               
companion bill was HB 290.                                                                                                      
                                                                                                                                
SENATOR   KOOKESH  asked   for  the   definition  of   "community                                                               
foundation."                                                                                                                    
                                                                                                                                
3:45:42 PM                                                                                                                    
ERIN  HARRINGTON, Staff,  Representative  Alan Austerman,  Alaska                                                               
State Legislature,  directed attention to the  definition section                                                               
on page 3 of the bill. She read the following definition:                                                                       
                                                                                                                                
     "community foundation"  means a  tax-exempt, nonprofit,                                                                    
     autonomous,    publicly     supported,    philanthropic                                                                    
     institution   in  the   state  composed   primarily  of                                                                    
     permanent  funds established  by  many separate  donors                                                                    
     for the  long-term diverse,  charitable benefit  of the                                                                    
     residents of a defined geographic area;                                                                                    
                                                                                                                                
She said  a defined geographic  area could be a  single community                                                               
or region. The  definition is for Internal  Revenue Service (IRS)                                                               
purposes;  it  was  crafted  to  ensure  it  describes  community                                                               
foundations working in Alaska.                                                                                                  
                                                                                                                                
CHAIR OLSON asked if a community  has to be incorporated in order                                                               
to qualify.                                                                                                                     
                                                                                                                                
MS. HERRINGTON answered no. The  community foundation is a stand-                                                               
alone entity that  is strictly defined in IRS code,  and can work                                                               
toward the  interests of any community  or region that it  is set                                                               
up to serve.                                                                                                                    
                                                                                                                                
3:47:13 PM                                                                                                                    
SENATOR KOOKESH asked if the definition  was in the IRS code or a                                                               
state license.                                                                                                                  
                                                                                                                                
MS. HERRINGTON said the bill  creates a definition for "community                                                               
foundation" in Sec. 44.33.190. She  deferred IRS questions to Ken                                                               
Castner, chair of the Homer Foundation.                                                                                         
                                                                                                                                
SENATOR  KOOKESH worried  that  any entity  could  call itself  a                                                               
nonprofit  community  organization.   He  suggested  establishing                                                               
parameters.                                                                                                                     
                                                                                                                                
MS. HERRINGTON assured  him that the IRS  strictly regulates what                                                               
entities can be a community foundation.                                                                                         
                                                                                                                                
SENATOR KOOKESH expressed satisfaction.                                                                                         
                                                                                                                                
CHAIR  OLSON  asked  a  representative  from  the  Department  of                                                               
Commerce,   Community  and   Economic   Development  (DCCED)   to                                                               
supplement the answer.                                                                                                          
                                                                                                                                
3:48:41 PM                                                                                                                    
SCOTT  RUBY,   Director,  Division  of  Community   and  Regional                                                               
Affairs,   Department  of   Commerce,   Community  and   Economic                                                               
Development (DCCED),  explained that  the foundation  would first                                                               
need to  be formed as  a nonprofit corporation within  the state;                                                               
then  it would  have to  meet the  requirements for  a foundation                                                               
under the IRS code for nonprofit corporations.                                                                                  
                                                                                                                                
SENATOR  MENARD asked  if  the community  foundation  acts as  an                                                               
affiliate or a pass-through.                                                                                                    
                                                                                                                                
MR. RUBY directed  attention to the definitions on page  3 of the                                                               
bill.  A  "community foundation"  is  a  stand-alone entity  that                                                               
would manage its own funding.  A "community foundation affiliate"                                                               
would rely on a parent foundation.                                                                                              
                                                                                                                                
SENATOR MENARD  commented that  philanthropy is  a noble  wave of                                                               
the future.  She asked  if a  501(c)3 nonprofit  operating within                                                               
the state could endow the Alaska grant fund.                                                                                    
                                                                                                                                
MR. RUBY  answered that is  correct. He clarified that  the DCCED                                                               
grant funds would  not go to a project; they  would go toward the                                                               
endowment  these  entities  would  hold. The  earnings  from  the                                                               
endowment could then be used for projects.                                                                                      
                                                                                                                                
SENATOR MENARD noted the $25,000 cap.                                                                                           
                                                                                                                                
MR. RUBY responded  that the maximum annual  matching grant would                                                               
be  $25,000;  that  amount  would  go  into  the  endowment.  The                                                               
intention is to stimulate  community foundations and philanthropy                                                               
within a community.                                                                                                             
                                                                                                                                
3:52:14 PM                                                                                                                    
KEN  CASTNER, Chair,  Board of  Trustees, Homer  Foundation, told                                                               
the committee that  the Homer Foundation was  established over 20                                                               
years ago  and was the  first community foundation in  the state.                                                               
He  noted that  the endowment  now contributes  about $200,000  a                                                               
year to  the various  nonprofits and  charitable purposes  in the                                                               
area.  The defined  geographic area  is Ninilchik  south and  the                                                               
small communities around  Kachemak Bay. He stated  support for SB
225 and relayed  that much of the board's work  is accounting and                                                               
money  management. He  emphasized that  the community  foundation                                                               
does not do projects; it funds the work of others.                                                                              
                                                                                                                                
CHAIR OLSON asked if the investments were risky.                                                                                
                                                                                                                                
MR.  CASTNER  answered that  the  board  is fairly  risk  averse.                                                               
Between  one-third and  one-half of  the funds  are in  cash, and                                                               
much of the rest is in  the equity market. The portfolio holdings                                                               
undergo monthly  review in a  public meeting. The process  to get                                                               
the  returns  is  transparent  and  completely  above  board,  he                                                               
stated.                                                                                                                         
                                                                                                                                
CHAIR OLSON found no further questions or discussion.                                                                           
                                                                                                                                
3:55:12 PM                                                                                                                    
SENATOR  MENARD  moved  to  report SB  225  from  committee  with                                                               
individual recommendations and attached fiscal note(s).                                                                         
                                                                                                                                
3:55:50 PM                                                                                                                    
CHAIR OLSON announced  that without objection, SB  225 moved from                                                               
the Senate Community and Regional Affairs Standing Committee.                                                                   
                                                                                                                                
3:55:59 PM                                                                                                                    
There being  no further  business to  come before  the committee,                                                               
Chair Olson  adjourned the Senate Community  and Regional Affairs                                                               
Standing Committee meeting at 3:55 p.m.                                                                                         

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