Legislature(1999 - 2000)

02/09/2000 01:35 PM Senate CRA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
         SB 242-PIPELINE PROP TAX USED FOR REV. SHRING                                                                          
                                                                                                                                
SENATOR DAVE DONLEY, sponsor of SB 242, explained communities                                                                   
statewide are faced with the possibility that the pending property                                                              
tax limitation initiative may pass this year.  The initiative will                                                              
have drastic effects on what local governments can collect as                                                                   
property taxes and it will reduce the current 30 mill limit to 10                                                               
mill the State imposes on communities.  SB 242 addresses the impact                                                             
of the initiative and it would go into effect if the initiative                                                                 
passes.                                                                                                                         
                                                                                                                                
The initiative limits what local governments can collect for                                                                    
property taxes; it has no impact on the existing State oil & gas                                                                
property tax.  The State has a 20 mill cap and a provision allowing                                                             
it to only collect the difference between 20 mills and what local                                                               
governments collect.  Currently, of $240 million in oil & gas                                                                   
property taxes collected statewide, the State only gets $23 million                                                             
because the local communities are capturing that money.                                                                         
                                                                                                                                
If the initiative passes, the ability of communities to capture                                                                 
that money would decrease and the State's share would increase.  A                                                              
provision in the initiative allows communities to continue to                                                                   
retire existed bonded debt.  Communities can exceed the 10 mill cap                                                             
for existing debt, but they can't incur additional debt until the                                                               
mill rate is below 10 mills or less.                                                                                            
                                                                                                                                
Next year, the State will receive an extra $5-8 million because the                                                             
local communities' debt will begin to retire so the State's share                                                               
will increase.  The State may receive $130 million each year in the                                                             
far future.                                                                                                                     
                                                                                                                                
SB 242 dedicates the money the State will receive from oil & gas                                                                
property tax to the existing municipal assistance formula.  SB 242                                                              
will utilize the new revenue the State is receiving to help                                                                     
communities that would be hard hit by the initiative.  This is a                                                                
step to mitigate the impacts.                                                                                                   
                                                                                                                                
Number 407                                                                                                                      
                                                                                                                                
CHAIRMAN KELLY asked about the legality of the contingent effective                                                             
date and whether Senator Donley requested a legal opinion about the                                                             
language.                                                                                                                       
                                                                                                                                
SENATOR DONLEY said the drafters did not express concern about it.                                                              
He will request a specific opinion from the drafter on the                                                                      
language.                                                                                                                       
                                                                                                                                
SENATOR MACKIE asked why it will take an initiative.                                                                            
                                                                                                                                
SENATOR DONLEY stated the affect of the initiative, if it passes,                                                               
is that it will generate additional revenue for the State.  If it                                                               
doesn't pass, the status quo remains, and the local communities                                                                 
will continue to collect the revenue from oil & gas property.  SB
242 is not going to hurt existing communities.  If they are hurt by                                                             
the initiative, it will help mitigate the effects by taking the                                                                 
additional money the State would get if the initiative passes and                                                               
give it to the communities.                                                                                                     
                                                                                                                                
SENATOR MACKIE asked if SB 242 will try to mitigate an unintended                                                               
consequence.                                                                                                                    
                                                                                                                                
SENATOR DONLEY stated that it may be an intended consequence if the                                                             
backers of the initiative think the city should not have that                                                                   
money.  The initiative will hit some cities harder than others.  SB
242 is not a full fix to that problem.                                                                                          
                                                                                                                                
SENATOR MACKIE asked what kind of affect it will have on the North                                                              
Slope Borough (NSB), Valdez or some other communities.                                                                          
                                                                                                                                
SENATOR DONLEY said those communities will be hit hardest by the 10                                                             
mill cap because they are at the 20 mill level and they will no                                                                 
longer be able to capture the value of all property, including oil                                                              
& gas.  Because the NSB has such a high level of bonded debt, the                                                               
immediate impacts will be delayed until it starts to pay off the                                                                
debt, then the impact will be very significant.  The communities                                                                
that will be hit hardest by the initiative are the ones that don't                                                              
have bonded debt and are exempt.  The ones that have bonded debt                                                                
along the pipeline corridor are eventually going to be hit the                                                                  
hardest.                                                                                                                        
                                                                                                                                
                                                                                                                                
Number 445                                                                                                                      
                                                                                                                                
SENATOR MACKIE asked if the money goes back to where it was                                                                     
collected or whether it will be distributed throughout the                                                                      
municipalities.                                                                                                                 
                                                                                                                                
SENATOR DONLEY stated the revenue from the oil & gas property tax                                                               
is designated to fund the current municipal formula.  It goes out                                                               
to communities statewide under that formula.                                                                                    
                                                                                                                                
SENATOR PHILLIPS asked why the State doesn't just let them have                                                                 
what is requested in the initiative.                                                                                            
                                                                                                                                
SENATOR DONLEY said the initiative doesn't address the existing oil                                                             
& gas property tax.  The State doesn't get that money now because                                                               
local communities are getting it.  This is a way to partially                                                                   
mitigate the impacts without creating new local taxes.                                                                          
                                                                                                                                
SENATOR HOFFMAN said SB 242 should be held off to see if the                                                                    
initiative passes and, if the voters implement the tax cap, then                                                                
the options should be weighed.                                                                                                  
                                                                                                                                
Number 475                                                                                                                      
                                                                                                                                
SENATOR DONLEY said that is a point to consider.  The State should                                                              
also see what the affects of inaction are.  The State will get                                                                  
additional revenue if the initiative passes, but there would be no                                                              
plan to mitigate the effects on communities.                                                                                    
                                                                                                                                
SENATOR MACKIE asked if this is another way to cut $8 million out                                                               
of municipal assistance because they have a new revenue source.                                                                 
                                                                                                                                
SENATOR PHILLIPS suggested passing a 10 mill limit and taking the                                                               
initiative off the ballot so the legislature could write something                                                              
that is workable.                                                                                                               
                                                                                                                                
SENATOR DONLEY said SB 242 will not go into effect unless the                                                                   
initiative passes.  It would have no impact on any community if it                                                              
doesn't pass.  It is a way of mitigating the effects if it does                                                                 
pass with money the State wouldn't normally get.                                                                                
                                                                                                                                
CHAIRMAN KELLY said if the initiative doesn't pass, it is back to                                                               
the status quo.  If the initiative passes and SB 242 passes, then                                                               
the additional money that is coming from the pipeline communities                                                               
would go into a statewide pool to be redistributed through revenue                                                              
sharing statewide.                                                                                                              
                                                                                                                                
SENATOR MACKIE asked if that will require a constitutional                                                                      
amendment.                                                                                                                      
                                                                                                                                
SENATOR DONLEY stated it is just like issues that suggested to the                                                              
legislature that this issue should be the source of funding.                                                                    
                                                                                                                                
Number 500                                                                                                                      
                                                                                                                                
MR. KEVIN RITCHIE, Alaska Municipal League (AML) and Conference of                                                              
Mayors, stated the tax cap and revenue sharing are key issues for                                                               
the State.  AML has not taken a position on SB 242, it is working                                                               
with the State assessor and the municipalities to try and gauge the                                                             
issues.                                                                                                                         
                                                                                                                                
If the tax cap passes, the Municipality of Anchorage will lose $73                                                              
million in revenue out of the current $230 million in tax revenue.                                                              
If the initiative does pass, it will add $125 million to the                                                                    
State's fiscal gap.  Those funds need to be found somewhere else                                                                
for schools, public safety and other services provided by                                                                       
municipalities.  When the public understands about the tax cap, the                                                             
initiative will not pass.                                                                                                       
                                                                                                                                
CHAIRMAN KELLY asked Mr. Ritchie if he has seen polling data about                                                              
the initiative passing.                                                                                                         
                                                                                                                                
MR. RITCHIE replied yes.  The polls from Anchorage showed 50                                                                    
percent opposed, 41 percent in favor, and 9 percent uncommitted on                                                              
the initiative.  A large group of people that it would impact have                                                              
children and it will hurt education.  The pressure would be strong                                                              
for the State to re-examine all tax exemptions.  The public                                                                     
understands that property taxes fund schools, police, and other                                                                 
services.                                                                                                                       
                                                                                                                                
SENATOR PHILLIPS asked who the Municipality was polling.  Senator                                                               
Phillips talked about an initiative in the State of Washington.  He                                                             
stated that the State should just pass legislation limiting the cap                                                             
at 10 mills, and work with it from there.                                                                                       
                                                                                                                                
Number 549                                                                                                                      
                                                                                                                                
MR. RITCHIE said the municipalities understand that it is a threat                                                              
to a revenue source and they will take very serious steps.  AML is                                                              
working with different groups who don't like the initiative.  One                                                               
concern is to make everyone aware of the impacts of the initiative.                                                             
                                                                                                                                
CHAIRMAN KELLY asked if Mr. Ritchie heard about a potential lawsuit                                                             
questioning the constitutionality of the initiative.                                                                            
                                                                                                                                
MR. RITCHIE said putting it on the ballot and the constitutionality                                                             
of the initiative are two separate issues.  It is possible that                                                                 
lawsuits will be filed if the initiative passes.                                                                                
                                                                                                                                
CHAIRMAN KELLY asked about lawsuits being filed prior to the                                                                    
initiative going on the ballot.                                                                                                 
                                                                                                                                
MR. RITCHIE replied he is not aware of any.                                                                                     
                                                                                                                                
Number 574                                                                                                                      
                                                                                                                                
SENATOR MACKIE asked what the impacts from the initiative are going                                                             
to be on the municipalities.                                                                                                    
                                                                                                                                
MR. RITCHIE stated that Anchorage expects to lose $73 million                                                                   
immediately; the impacts of that are going to be huge.  The total                                                               
bonded debt of municipalities for the entire state amounts to  $1.4                                                             
billion.  The public doesn't realize part of the problem is the                                                                 
assessment cap.                                                                                                                 
                                                                                                                                
TAPE 00-01, SIDE B                                                                                                              
                                                                                                                                
MR. RITCHIE discussed the impacts to Sitka.  No matter how much the                                                             
value of the property increases, the property tax increase is                                                                   
restricted to two percent.  Property value is set at the true                                                                   
market value when the property is sold.  This creates a significant                                                             
disincentive for buying, selling, or building new homes.                                                                        
                                                                                                                                
SENATOR MACKIE asked if there is a constitutional question about                                                                
that.                                                                                                                           
                                                                                                                                
MR. RITCHIE said it is a Proposition 13, just like California's.                                                                
It is not in violation of the U.S. Constitution.                                                                                
                                                                                                                                
Number 570                                                                                                                      
                                                                                                                                
SENATOR MACKIE asked if AML was worried about people coming out of                                                              
the woodwork to vote because they will be paying less in property                                                               
taxes.                                                                                                                          
                                                                                                                                
MR. RITCHIE said the public understands what local governments                                                                  
produce.  Parallels can be drawn, and the public can see if it                                                                  
loses that funding, it loses libraries, teachers, and police.                                                                   
                                                                                                                                
SENATOR PHILLIPS cited statistics from his district from an annual                                                              
questionnaire.                                                                                                                  
                                                                                                                                
MR. RITCHIE said AML will work hard to explain the impacts to the                                                               
public.  Mr. Ritchie referred to a survey taken by Senator Pearce.                                                              
                                                                                                                                
Number 522                                                                                                                      
                                                                                                                                
SENATOR MACKIE explained if people think they will pay less in                                                                  
property taxes, they will vote for the initiative.                                                                              
                                                                                                                                
CHAIRMAN KELLY asked, with a 10 mill cap, what community will lose                                                              
revenue that will be shared in different districts.                                                                             
                                                                                                                                
SENATOR DONLEY said different communities lose different amounts                                                                
depending on the number of years estimated and depending on the                                                                 
existing debt accumulated by communities.  It will be                                                                           
disproportionate in the beginning.  Eventually the communities with                                                             
oil & gas properties will lose access to wealth they currently                                                                  
have: NSB, Fairbanks, and Valdez.  SB 242 will not hurt those                                                                   
communities if the initiative doesn't pass, it will help them if it                                                             
does pass because it gives back revenue that they will lose.                                                                    
                                                                                                                                
Number 498                                                                                                                      
                                                                                                                                
SENATOR MACKIE asked if downsizing municipalities is an option.                                                                 
                                                                                                                                
MR. RITCHIE said currently AML doesn't have a position on that.                                                                 
                                                                                                                                
CHAIRMAN KELLY asked if it is too early for NSB, Fairbanks, and                                                                 
Valdez to oppose the bill.                                                                                                      
                                                                                                                                
SENATOR DONLEY stated the bill doesn't hurt those communities, it                                                               
will return money to them they would lose if nothing happens.                                                                   
                                                                                                                                
SENATOR MACKIE asked how the bill returns a portion of the money                                                                
back to those communities.                                                                                                      
                                                                                                                                
Number 482                                                                                                                      
                                                                                                                                
SENATOR DONLEY said this is money the State doesn't have and                                                                    
wouldn't get unless the initiative passes.  If the initiative                                                                   
passes, the extra money that would have gone to the communities                                                                 
will go to the State.  It seems reasonable to send the money back                                                               
to the communities.                                                                                                             
                                                                                                                                
SENATOR HOFFMAN said if the public sees the money returning to the                                                              
communities, it will be more likely to vote for a tax cap.                                                                      
                                                                                                                                
SENATOR MACKIE moved SB 242 out of committee with individual                                                                    
recommendations.  There being no objection, the motion carried.                                                                 
                                                                                                                                
CHAIRMAN KELLY adjourned the meeting at 2:49 p.m.#                                                                              

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