Legislature(2011 - 2012)BARNES 124
04/12/2011 08:30 AM House COMMUNITY & REGIONAL AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB94 | |
| HB170 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 94 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 170 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE COMMUNITY AND REGIONAL AFFAIRS STANDING COMMITTEE
April 12, 2011
8:35 a.m.
MEMBERS PRESENT
Representative Cathy Engstrom Munoz, Chair
Representative Neal Foster, Vice Chair
Representative Alan Austerman
Representative Alan Dick
Representative Dan Saddler
Representative Sharon Cissna
Representative Berta Gardner
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 94
"An Act adding a second verse to the official Alaska state
song."
- MOVED SB 94 OUT OF COMMITTEE
HOUSE BILL NO. 170
"An Act relating to municipal property tax exemptions on
residences of certain volunteer emergency services personnel and
the widows and widowers of volunteer emergency services
personnel; and providing for an effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 94
SHORT TITLE: SECOND VERSE OF ALASKA'S STATE SONG
SPONSOR(s): SENATOR(s) DAVIS
02/25/11 (S) READ THE FIRST TIME - REFERRALS
02/25/11 (S) CRA, STA
03/08/11 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
03/08/11 (S) Moved SB 94 Out of Committee
03/08/11 (S) MINUTE(CRA)
03/09/11 (S) CRA RPT 5DP
03/09/11 (S) DP: OLSON, KOOKESH, WAGONER, ELLIS,
MENARD
03/09/11 (S) FIN REFERRAL ADDED AFTER STA
03/17/11 (S) STA AT 9:00 AM BUTROVICH 205
03/17/11 (S) Heard & Held
03/17/11 (S) MINUTE(STA)
03/22/11 (S) STA AT 9:00 AM BUTROVICH 205
03/22/11 (S) Moved SB 94 Out of Committee
03/22/11 (S) MINUTE(STA)
03/23/11 (S) STA RPT 4DP 1NR
03/23/11 (S) LETTER OF INTENT WITH STA REPORT
03/23/11 (S) DP: WIELECHOWSKI, MEYER, PASKVAN,
KOOKESH
03/23/11 (S) NR: GIESSEL
03/23/11 (S) FIN REFERRAL REMOVED
03/25/11 (S) FIN REFERRAL ADDED
03/30/11 (S) FIN AT 9:00 AM SENATE FINANCE 532
03/30/11 (S) Heard & Held
03/30/11 (S) MINUTE(FIN)
04/01/11 (S) FIN RPT 7DP
04/01/11 (S) DP: HOFFMAN, STEDMAN, THOMAS, EGAN,
MCGUIRE, OLSON, ELLIS
04/01/11 (S) FIN AT 9:00 AM SENATE FINANCE 532
04/01/11 (S) Moved SB 94 Out of Committee
04/01/11 (S) MINUTE(FIN)
04/08/11 (S) TRANSMITTED TO (H)
04/08/11 (S) VERSION: SB 94
04/09/11 (H) READ THE FIRST TIME - REFERRALS
04/09/11 (H) CRA, STA
04/12/11 (H) CRA AT 8:30 AM BARNES 124
BILL: HB 170
SHORT TITLE: MUNI TAX EXEMPTION FOR CERTAIN VOLUNTEERS
SPONSOR(s): REPRESENTATIVE(s) FEIGE
02/23/11 (H) READ THE FIRST TIME - REFERRALS
02/23/11 (H) CRA, FIN
03/24/11 (H) CRA AT 8:00 AM BARNES 124
03/24/11 (H) Heard & Held
03/24/11 (H) MINUTE(CRA)
04/12/11 (H) CRA AT 8:30 AM BARNES 124
WITNESS REGISTER
SENATOR BETTYE DAVIS
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Spoke as the sponsor of SB 94.
SENATOR ALBERT KOOKESH
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Testified in support of SB 94.
PAMELA MARSH, Staff
Senator Bettye Davis
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented SB 94.
SELINA EVERSON, Elder
Alaska Native Sisterhood, Camp 70
Juneau, Alaska
POSITION STATEMENT: During hearing of SB 94, testified in
support of adding a second verse to Alaska's state song.
CONNIE DAVIS
Juneau, Alaska
POSITION STATEMENT: Testified that she would appreciate the
committee's full consideration of SB 94.
REPRESENTATIVE ERIC FEIGE
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Spoke as the sponsor of HB 170.
MICHAEL PASCHALL, Staff
Representative Eric Feige
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: During hearing of HB 170, answered
questions.
ACTION NARRATIVE
8:35:09 AM
CHAIR CATHY ENGSTROM MUNOZ called the House Community and
Regional Affairs Standing Committee meeting to order at 8:35
a.m. Representatives Austerman, Saddler, Cissna, Gardner, and
Munoz were present at the call to order. Representatives Foster
and Dick arrived as the meeting was in progress.
SB 94-SECOND VERSE OF ALASKA'S STATE SONG
8:35:47 AM
CHAIR MUNOZ announced that the first order of business would be
SENATE BILL NO. 94, "An Act adding a second verse to the
official Alaska state song."
8:36:04 AM
SENATOR BETTYE DAVIS, Alaska State Legislature, speaking as the
sponsor of SB 94, reminded the committee that legislation
proposing adding a second verse to Alaska's state song has been
before the committee in the past. She recalled that such
legislation passed a couple of times in the House, but it didn't
make it through the process last year.
8:37:14 AM
SENATOR ALBERT KOOKESH, Alaska State Legislature, began by
informing the committee that last year when this legislation
went through the process, he purposefully didn't attend any of
the committee meetings in order to avoid the perception that he
was being self-serving. However, that legislation didn't go
anywhere. Therefore, he decided that this year he was going to
attend all committee meetings on this legislation. Senator
Kookesh told the committee that for most of his adult life he
has served and worked in the Alaska Native community, and thus
he considers himself an Alaska Native leader. He related that
he is the co-chair of the Alaska Federation of Natives (AFN), an
Alaskan Native and State Senator, and a former Grand President
of the Alaska Native Brotherhood. Senator Kookesh highlighted
that he grew up in the Village of Angoon where he still lives
today. Senator Kookesh then related his disappointment that
prior legislation to add the second verse to the Alaska state
song hasn't been brought to the House or Senate floor for a
vote. In fact, some of the comments last year were of concern,
particularly comments expressing concern that the second verse
of the Alaska state song would lead [Alaska Natives] to
sovereignty in the state. He also recalled comments regarding
the second verse of the Alaska state song providing [Alaska
Natives] the ability to develop leadership in the state. The
only reference to the Alaska Native community was the term
"native lad", which refers to Benny Benson, the Native boy who
designed the flag. He questioned what is wrong with mentioning
that Benny Benson is an Alaska Native. He also questioned why
one wouldn't support the language "there be no bars among our
cultures." With regard to those who charge that the second
verse can't be sung, he disagreed and recalled hearing a
beautiful rendition of it in the Senate's opening ceremony this
year. The second verse won't provide the Alaska Native
community a step up in terms of politics, although it will in
terms of saving face and recognizing the Alaska Native
contribution to the state. This would be in contrast to the
state seal, which has no depiction of the Alaska Native
community. He questioned how unfair not having a depiction of
Alaska Natives on the state seal when, at one point, Alaska
Natives constituted 40 percent of the state's population. In
conclusion, Senator Kookesh emphasized his support for SB 94 and
for this legislation to be before the full House for a vote.
Therefore, he urged the committee to forward SB 94 from
committee and eventually help it get to the House floor for a
vote. Senator Kookesh closed by stressing that he views the
second verse of the state song with pride in terms of
appreciating the contributions from Alaska Natives in the state.
8:42:02 AM
REPRESENTATIVE CISSNA related that her reason for staying in the
state was a total fascination and admiration for the first
Alaskans. The second verse of the Alaska state song seems to
allude to the wisdom and knowledge of Alaska Natives. She then
related her embarrassment that Representative Kookesh had to say
what he said because Alaska Natives need to have more
[recognition] than the second verse of the Alaska state song.
SENATOR KOOKESH noted his appreciation for Representative
Cissna's words. He then highlighted that the Alaska Native
community has worked hard. In fact, the Alaska Native
community, through its corporations, brings $4 billion to the
bottom line of the state. Furthermore, an Alaska Native won the
Iditarod and the Iron Man this year. Moreover, two Alaska
Native girls were paramount in Wasilla winning the Girls 4A
Basketball State Championship. Alaska Natives, he stressed,
make contributions to the state daily and the second verse in
the Alaska state song would be a small recognition. He related
that the Alaska Native community has a saying that when one does
"good" he/she lifts up the face of his/her people.
8:44:33 AM
REPRESENTATIVE AUSTERMAN told the committee that he has the
honor of calling Benny Benson his friend. The reference to him
in the second verse is very appropriate, he opined.
8:45:10 AM
REPRESENTATIVE FOSTER inquired as to AFN's stance on SB 94.
SENATOR KOOKESH relayed that [AFN] believed the legislation
adding the second verse to the Alaska state song was going to
pass last year and the AFN convention was going to be dedicated
to the second verse and recognize Benny Benson and his family.
However, that didn't happen and the theme had to be changed.
The AFN does plan to have a celebration if and win legislation
adding the second verse to the Alaska state song passes.
8:45:49 AM
CHAIR MUNOZ recalled that Carol Beery Davis was her music
teacher and that she discussed how important it was to recognize
the [Alaska] Native culture in song as well as other ways. Much
later, at age 95, she wrote the second verse.
8:46:52 AM
SENATOR KOOKESH remarked that people come to Alaska to see the
Alaska Native culture and their art, not cement, and the state's
diversity. Actions by the legislature should celebrate that
diversity, which this legislation achieves.
8:47:57 AM
PAMELA MARSH, Staff, Senator Bettye Davis, Alaska State
Legislature, paraphrased from the following sponsor statement:
Senate Bill 94 would add a second verse to The
Alaska's Flag Song. The late Carol Beery Davis wrote
a beautiful second verse, which gives recognition to
Alaska Natives and to Benny Benson, who designed the
Alaskan flag.
Similar bills have been introduced in the past. Last
year The Alaska's Flag Song was performed with both
verses as the Senate gaveled in on the first day of
session. Also last year, the Senator from District G
introduced Senate Bill 43. It passed the Senate, but
stalled in the House.
This year is the year to join me in supporting a long
overdue addition of the second verse to the Alaska
Flag Song. By passing this bill you will be
recognizing history, our progress as a state and our
first people.
8:49:03 AM
SELINA EVERSON, Elder, Alaska Native Sisterhood, Camp 70, began
by relating her support for the idea of adding a second verse to
Alaska's state song. She opined that it would be an honor to
honor and recognize Alaska's Native people for what they have
contributed to the state rather than feel like second citizens.
Alaska Native school children would be so proud to know the
second verse was added. Ms. Everson expressed hope that she
will be able to announce that the second verse legislation is
moving through the Alaska House of Representatives. Upon
request of Chair Munoz, Ms. Everson spoke in Tlingit to the
committee, saying: "Thank you for listening to me and for
having the opportunity to come before you in support of this
song."
8:52:46 AM
CONNIE DAVIS, speaking as one of the daughters of Carol Beery
Davis, highlighted that 1927 was an exciting and historic year
for the Territory of Alaska. In March, the design for the flag
was selected. She noted that her father was a member of the
final awards committee. Her father related to her mother that
they chose a design representing all of Alaska. In May, the
flag was made official by the legislature and the first verse of
Alaska's state song was written by her mother's good friend,
Marie Drake. During those eventful months, Carol Beery Davis
interviewed Alaskans involved in making it all happen, which
ultimately became a booklet called, "Alaska's Flag". Among
those interviewed was young Benny Benson, creator of the flag
design. She recalled that her mother never forgot Mr. Benson's
depth of thought and feeling for his years. She opined that
those thoughts inspired Marie Drake in the first verse and is
continued in the second, adding recognition of the designer and
hope for his future state. The verses complement each other.
Although some are concerned that this is a change, the second
verse is merely an addition and complements the first verse. In
conclusion, Ms. Davis said she would appreciate the committee's
full consideration of SB 94.
8:55:52 AM
CHAIR MUNOZ, upon determining no one else wished to testify,
closed public testimony.
8:56:10 AM
REPRESENTATIVE GARDNER moved to report SB 94 out of committee
with individual recommendations and the accompanying zero fiscal
note. There being no objection, it was so ordered.
8:57:07 AM
MS. DAVIS interjected that there were verses with mistakes on
the Internet that have been corrected.
8:58:24 AM
The committee sang the proposed second verse to Alaska's state
song.
8:59:54 AM
The committee took an at-ease from 8:59 a.m. to 9:03 a.m.
HB 170-MUNI TAX EXEMPTION FOR CERTAIN VOLUNTEERS
9:03:28 AM
CHAIR MUNOZ announced that the final order of business would be
HOUSE BILL NO. 170, "An Act relating to municipal property tax
exemptions on residences of certain volunteer emergency services
personnel and the widows and widowers of volunteer emergency
services personnel; and providing for an effective date."
9:03:39 AM
CHAIR MUNOZ informed the committee that the committee substitute
(CS), labeled 27-LS0562\I, Bullard, 4/6/11, includes changes
discussed at the prior meeting.
9:04:15 AM
REPRESENTATIVE ERIC FEIGE, Alaska State Legislature, speaking as
the sponsor of HB 170, directed attention to page 1, line 12,
which changes the language to read: "may by ordinance". The
aforementioned language change implies that municipalities would
have to opt in rather than opt out of the proposed exemption.
The next change is on page 1, lines 12-13, which reduces the
exemption to "the first $150,000 of assessed value". With
regard to the questions concerning what constitutes an "active
volunteer", the language on page 2, lines 7-15, was reworded to
specify what qualifies as a volunteer. The language specifies
that a volunteer is someone who has been a volunteer for at
least two years and meets the standards determined jointly by
the local fire department and the municipality.
9:07:16 AM
REPRESENTATIVE GARDNER asked whether passage of [Version I]
would require an annual application from the volunteer
firefighter or would the individual be grandfathered in after
the initial application. She asked if the application would
require verification of "active" status by a fire department,
emergency medical services, or rescue services entity.
REPRESENTATIVE FEIGE, in response to the first question,
confirmed that a volunteer firefighter would have to apply for
the exemption each year. In further response to Representative
Gardner, Representative Feige related his understanding that the
widow/widower of a volunteer firefighter would have to apply
each year as well.
REPRESENTATIVE GARDNER clarified that she's trying to determine
if a widow would qualify in perpetuity or only for the year
following the change in status to a widow.
REPRESENTATIVE FEIGE related his understanding that a
widow/widower of an individual who was a volunteer firefighter
at the time of his/her death would be eligible for the
exemption.
9:09:13 AM
REPRESENTATIVE GARDNER inquired as to the location of the
language specifying that it's an annual application.
REPRESENTATIVE FEIGE answered page 2, lines 22-23. Furthermore,
the municipality sets terms of the application, and thus the
municipality could require an annual application or an
application that applies indefinitely.
REPRESENTATIVE GARDNER surmised then that there is the potential
for an individual to be a volunteer firefighter for two years,
retire, and have the benefit for 20-30 years.
REPRESENTATIVE FEIGE answered yes, if that's the rule of the
municipality.
9:11:21 AM
REPRESENTATIVE AUSTERMAN told the committee that seniors in
Kodiak have to apply for the senior exemption annually.
9:11:39 AM
REPRESENTATIVE SADDLER asked if the sponsor intends for the
widow/widower to receive the proposed exemption even if he/she
remarries.
REPRESENTATIVE FEIGE said that he hadn't considered that.
REPRESENTATIVE SADDLER asked if the sponsor would entertain a
conceptual amendment such that a widow/widower would receive the
proposed exemption while he/she remains unmarried.
REPRESENTATIVE FEIGE replied that he wouldn't object to such an
amendment.
REPRESENTATIVE SADDLER then clarified that such a change would
mean that the widow/widower of an individual who qualified for
this proposed exemption would no longer qualify for the
exemption if he/she remarried.
REPRESENTATIVE FEIGE remarked that he wasn't sure if one loses
their widow/widower status when one remarries.
9:13:00 AM
REPRESENTATIVE CISSNA, drawing from her experience, commented
that a widow/widower's situation changes once he/she remarries
and the widow/widower has knowledge of the impending change.
She opined that the municipalities should have something to say
about exemptions that result in one party bringing a benefit to
the marriage.
REPRESENTATIVE FEIGE said that he didn't disagree, adding that
the language in Version I is flexible enough to allow
municipalities to address such situations.
9:14:03 AM
REPRESENTATIVE GARDNER asked if [volunteer firefighters] who
receive a stipend per call or a pension benefit are considered
volunteers under the definition in Version I.
REPRESENTATIVE FEIGE explained that in the fire service
[volunteer firefighters who receive compensation] are referred
to as paid on-call volunteers. Again, the municipality would
determine the definition of an "active volunteer."
9:14:49 AM
REPRESENTATIVE GARDNER recalled being told that there are 2,000
volunteer firefighters statewide. However, the definition of
"volunteer" per AS 18.15.250(d)(1) would seem to increase the
number of eligible individuals. The definition of "volunteer"
per AS 18.15.250(d)(1) specifies:
(4) "volunteer" means that the person is an
active volunteer of a first responder service, a
rescue service, an ambulance service, or a fire
department that provides emergency medical or rescue
services as part of its duties.
9:15:36 AM
MICHAEL PASCHALL, Staff, Representative Eric Feige, Alaska State
Legislature, explained that in Alaska the majority of emergency
medical services are part of a fire department. Therefore, the
numbers used during discussions of this legislation would
include most of the active emergency service medical service
providers. Although [the definition of volunteer includes
individuals besides firefighters] there is no way to obtain a
good number, it would be a relatively small increase in the
number of individuals eligible for the proposed exemption.
9:16:20 AM
REPRESENTATIVE AUSTERMAN inquired as to how many property tax
exemptions the state pays for, other than the senior property
tax exemption.
REPRESENTATIVE FEIGE said that he isn't aware of the exact
number. However, he related his belief that in recent years the
state hasn't funded those property tax exemptions.
REPRESENTATIVE AUSTERMAN asked if this legislation prohibits
double dipping, such that an individual wouldn't be allowed to
receive say both the senior property tax exemption and this
proposed volunteer emergency services personnel exemption.
REPRESENTATIVE FEIGE opined that that the legislation doesn't
allow such as the language refers to "on the first $150,000 of
the assessed value of the real property" for both exemptions.
9:17:33 AM
REPRESENTATIVE SADDLER recalled at the last hearing that the
Alaska Municipal League (AML) was not excited about HB 170. He
expressed interest in AML's reaction to Version I.
REPRESENTATIVE FEIGE pointed out that the change in Version I
that makes the exemption one that the municipality would have to
opt-in would place it at the will and discretion of the
municipalities.
9:18:24 AM
REPRESENTATIVE DICK related his understanding that an eligible
volunteer would have to file an annual application for the
proposed exemption.
REPRESENTATIVE FEIGE clarified that the municipality would
determine how often a volunteer seeking this proposed exemption
would have to apply.
REPRESENTATIVE DICK posed a scenario in which a volunteer dies
in the line of duty or not, and asked if the widow/widower would
have to apply for the proposed exemption every year or would the
widow/widower be continuously eligible.
REPRESENTATIVE FEIGE stated that the legislation doesn't
distinguish between death in the line of duty or not. Whether
the widow/widower would have to apply every year is left to the
municipality to decide.
9:20:12 AM
CHAIR MUNOZ announced that since there are additional questions
regarding various aspects of this legislation, particularly in
terms of the widow/widower provision and the desire to hear from
AML, additional input is necessary.
9:20:56 AM
REPRESENTATIVE AUSTERMAN lauded the idea proposed by the
sponsor, but expressed concern with unfunded mandates. Although
[Version I] proposes an opt-in situation, he said he remains
nervous, particularly when one reviews the permanent fund and
the exemptions for the military, mariners, etcetera.
Representative Austerman questioned where one would stop with
these unfunded mandates. Furthermore, firefighters aren't the
only volunteers and thus it also becomes an issue in terms of
where to draw the line. He said that were HB 170 to reach the
floor, he suspected he would have to vote against it.
9:23:17 AM
CHAIR MUNOZ announced that HB 170 needs more work and will be
held over.
9:24:07 AM
CHAIR MUNOZ discussed the interim schedule and the desire to
visit communities along the Yukon River.
9:25:48 AM
ADJOURNMENT
There being no further business before the committee, the House
Community and Regional Affairs Standing Committee meeting was
adjourned at 9:25 a.m.
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