Legislature(2013 - 2014)BUTROVICH 205
03/26/2013 03:30 PM Senate COMMUNITY & REGIONAL AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB73 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 73 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE COMMUNITY AND REGIONAL AFFAIRS STANDING COMMITTEE
March 26, 2013
3:32 p.m.
MEMBERS PRESENT
Senator Peter Micciche, Chair
Senator Cathy Giessel, Vice Chair
Senator Dennis Egan
Senator Lyman Hoffman
MEMBERS ABSENT
Senator Click Bishop
COMMITTEE CALENDAR
SENATE BILL NO. 73
"An Act authorizing municipalities to exempt from tax, by
ordinance approved by the voters in the municipality, the real
property that is the primary residence of a resident who is the
widow or widower of a person who was killed while in the
military service of the United States; and providing for an
effective date."
- MOVED CSSB 73(CRA) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 73
SHORT TITLE: PROPERTY TAX EXEMPTION/MILITARY WIDOW(ER)
SPONSOR(s): SENATOR(s) MEYER
03/11/13 (S) READ THE FIRST TIME - REFERRALS
03/11/13 (S) CRA, STA
03/19/13 (S) CRA AT 3:30 PM BUTROVICH 205
03/19/13 (S) -- Meeting Postponed to 3/26/13 --
03/26/13 (S) CRA AT 3:30 PM BUTROVICH 205
WITNESS REGISTER
EDRA MORLEDGE, staff to Senator Meyer
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the CS to SB 73 for the sponsor.
JEFFREY MITTMAN, Executive Director
American Civil Liberties Union (ACLU) of Anchorage
Anchorage, Alaska
POSITION STATEMENT: Referred them to an ACLU letter on the
original SB 73 saying it applied to the CS as well.
ACTION NARRATIVE
3:32:59 PM
CHAIR PETER MICCICHE called the Senate Community and Regional
Affairs Standing Committee meeting to order at 3:32 p.m. Present
at the call to order were Senators Hoffman, Egan, Giessel, and
Chair Micciche.
SB 73-PROPERTY TAX EXEMPTION/MILITARY WIDOW(ER)
3:33:37 PM
CHAIR MICCICHE announced SB 73 to be up for consideration.
3:33:53 PM
SENATOR GIESSEL moved to adopt CSSB 73(CRA), version 28-
LS0631\U, as the working document. There were no objections, and
it was so ordered.
3:34:24 PM
EDRA MORLEDGE, staff to Senator Meyer, Alaska State Legislature,
provided an overview of version U. She explained that the bill
evolved because a constituent, Theresa Dayton, who lost her own
husband in the U.S. military service, worked very hard with the
Municipality of Anchorage to pass an ordinance that would allow
for the exemption on the first $150,000 of municipal property
taxes for a primary residence belonging to U.S. military service
members' surviving spouses. That was Proposition 7, which passed
with overwhelming support last April. However, a caveat to that
ordinance was that it can't take effect until the legislature
amends AS 29.45.030(e). SB 73 attempts to amend that statute so
that the ordinance can take effect and so that other
municipalities can choose to do the same with the will of their
voters.
She said this measure is intended to support the families of our
service members who died while serving their country and help
them stay in the State of Alaska where they have established
their lives and where their surviving families choose to stay.
3:36:15 PM
MS. MORLEDGE said the CS removes the limit of 60 years of age or
older, which was language mistakenly added from other
legislation. They did not intend to put the limit in the bill,
because it is aimed at younger families who are generally
serving and giving their lives.
Second, since the bill was originally introduced there was some
question as to what "dying in the line of duty or while a
service member" meant. So, they used language from another
section to tighten it up.
Finally, Ms. Morledge said, while it is assumed that people know
what a widow or widower is, clarifying language that is already
in the municipalities' ordinance was added.
3:37:44 PM
CHAIR MICCICHE noted this bill has the "may" language that is
imperative to municipalities.
SENATOR EGAN remarked that meant it is not an unfunded mandate
like they have now.
CHAIR MICCICHE said that was right.
MS. MORLEDGE pointed out that specific language was on page 1,
lines 10-13.
3:38:59 PM
SENATOR EGAN said that is why it's a zero fiscal note - because
it's not costing the state treasury anything, but it could cost
the municipality.
MS. MORLEDGE responded that was correct.
SENATOR HOFFMAN said they removed the 60-year requirement, but
line 12 says: "to a widow or widower under age 60" and he wanted
to know if that meant when they reach the age of 60 they will
have to pay the tax.
MS. MORLEDGE answered that is already existing language that
applies in section (2) which is found earlier in the paragraph
and applies to a widow or widower of a disabled veteran. It
doesn't include their folks.
CHAIR MICCICHE noted that this measure exempts widows or
widowers of any age if the municipality chooses to do so through
a popular vote.
CHAIR MICCICHE opened public testimony.
3:41:28 PM
JEFFREY MITTMAN, Executive Director, American Civil Liberties
Union (ACLU) of Alaska, said their written comment on the
original bill applies to the CS as well. Briefly, he wanted to
draw the committee's attention to a 2007 Alaska Supreme Court
decision, ACLU v. State of Alaska, which ruled because the
Alaska Constitution forbids same sex couples from being married,
there is no way for same sex couples to obtain benefits which
the state chooses to provide to spouses. So, the Supreme Court
analyzed this differential treatment and said not on just
heightened or even intermediate scrutiny, but under the most
basic level of constitutional review, that it is
unconstitutional to treat same sex couples differently than
opposite sex couples. This was not an opinion with regard to
same sex marriage or discrimination in employment or housing. It
was simply recognition of the mandate to treat individuals
fairly and equally under the law.
Under that ruling it is clearly mandatory that when the State of
Alaska provides a benefit to married couples they must make that
benefit available to same sex couples as well. In recognition of
this fact, Mr. Mittman said, a Senate committee in the 2006
legislature amended a similar piece of legislation that provided
leave for veterans and others. So, he asked that in addition to
the constitutional requirement that mandates a change, to ask
the State of Alaska which has a fine tradition of recognizing
and honoring the services and sacrifices of our military
personnel, to make a simple but important statement: if you
fight for your country, if you're willing to die for your
country and protect the freedoms and liberties we ascribe to and
believe in as Americans, we in the State of Alaska will honor
your service. Everyone can agree that a service member who
gives his or her life in service to their country deserves to be
treated with dignity and respect. He concluded by asking them to
include: this benefit is available to same-sex domestic partners
as it is to married spouses.
3:45:29 PM
SENATOR GIESSEL moved to report CSSB 73, version U, from
committee to the next committee of referral with individual
recommendations and attached zero fiscal notes. There were no
objections, and it was so ordered.
3:46:37 PM
There being no further business to come before the Community
Regional Affairs Committee, Chair Micciche adjourned the meeting
at 3:46 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 73 28-LS0631U Work Draft.pdf |
SCRA 3/26/2013 3:30:00 PM |
SB 73 |
| SB 73 CS Changes.pdf |
SCRA 3/26/2013 3:30:00 PM |
SB 73 |
| SB 73 Support email - Dayton- 3-21-13.docx |
SCRA 3/26/2013 3:30:00 PM |
SB 73 |
| SB 73 ACLU Review - 3-18-13.pdf |
SCRA 3/26/2013 3:30:00 PM |
SB 73 |