Legislature(1999 - 2000)
03/03/1999 01:44 PM Senate CRA
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
SENATE COMMUNITY & REGIONAL AFFAIRS COMMITTEE
March 3, 1999
1:44 p.m.
MEMBERS PRESENT
Senator Tim Kelly, Chair
Senator Jerry Mackie, Vice Chair
Senator Jerry Ward
Senator Randy Phillips
Senator Lyman Hoffman
MEMBERS ABSENT
None
COMMITTEE CALENDAR
CS FOR HOUSE BILL NO. 22(CRA)
"An Act relating to investigations of property by a municipal
assessor or the assessor's agent; and providing for an effective
date."
-MOVED CSHB 22(CRA) OUT OF COMMITTEE
SENATE BILL NO. 80
"An Act relating to contracts for the provision of state public
assistance to certain recipients in the state; providing for
regional public assistance plans and programs in the state;
relating to grants for Alaska tribal family assistance programs;
and providing for an effective date."
-POSTPONED
PREVIOUS SENATE COMMITTEE ACTION
HB 22 - No previous Senate action.
WITNESS REGISTER
Kim Metcalfe-Helmar
Special Assistant
Department of Community and Regional Affairs
PO Box 112100
Juneau, AK 99811-2100
POSITION STATEMENT: Supports CSHB 22(CRA)
ACTION NARRATIVE
TAPE 99-3, SIDE A
Number 001
CHAIRMAN TIM KELLY called the Senate Community & Regional Affairs
Committee meeting to order at 1:44 p.m. Present were Senators
Mackie, Phillips, Hoffman, and Chairman Kelly. The first order of
business to come before the committee was CSHB 22(CRA).
CSHB 22(CRA) - INVESTIGATIONS BY MUNICIPAL ASSESSOR
REPRESENTATIVE SCOTT OGAN, sponsor of the measure, explained he
introduced HB 22 in response to a constituent's complaint that the
borough tax assessor had entered the constituent's home without
permission. After reviewing the existing statute, Representative
Ogan determined it is unclear whether a tax assessor must obtain
permission to enter private property. CSHB 22(CRA) allows a tax
assessor to enter a private building if one of the following three
conditions is met: the building is under construction and not yet
occupied; the person in actual possession of the structure (a
renter or owner) has given permission; or a court has issued an
order to compel entry and inspection.
CHAIRMAN KELLY asked Representative Ogan if he was aware of any
opposition to the bill.
REPRESENTATIVE OGAN said he was not aware of any opposition.
Furthermore, the state and borough tax assessors say this bill
reflects their unwritten policies and the provision allowing tax
assessors to enter buildings under construction was included at
their request. He added the House voted unanimously to enact the
bill.
Number 083
SENATOR MACKIE questioned how a court order would be obtained.
REPRESENTATIVE OGAN was unsure, but said that provision is in
existing statute. He guessed that if a person does not allow the
assessor access to the premises, the assessor may overestimate the
value of the property, and the taxpayer has the right to appeal.
SENATOR MACKIE asked if the purpose of the bill is to compel the
assessor to get permission so that a homeowner does not find an
assessor wandering around in his/her home. REPRESENTATIVE OGAN
remarked the bill is in the best interest of the tax assessor and
it is also a civil liberty protection.
SENATOR MACKIE asked if the Department of Community and Regional
Affairs supports the bill. REPRESENTATIVE OGAN said the Department
does not object to CSHB 22(CRA).
Number 125
SENATOR PHILLIPS asked if boroughs have an internal policy to deal
with homeowners who deny tax assessors permission to enter their
homes. REPRESENTATIVE OGAN admitted he denied an assessor entry to
his home, and his assessment remained the same as the previous
year.
CHAIRMAN KELLY thought the person who forced an assessor to get a
court order would pay a price in the form of a higher appraisal,
therefore people would not abuse the right to force an assessor to
get a court order.
SENATOR WARD asked if a list of personal property items that can be
taxed exists. REPRESENTATIVE OGAN replied the Mat-Su Borough no
longer taxes personal property. SENATOR MACKIE clarified some
boroughs assess taxes on personal property, some do not.
CHAIRMAN KELLY thought such a list would include items like
snowmachines and trailers.
REPRESENTATIVE OGAN clarified the legislation allows a tax assessor
to enter private property to visually inspect structures and
personal property, but the assessor cannot enter dwellings without
permission. He noted the legislation might need to be expanded to
include RVs, workshops, and other structures.
CHAIRMAN KELLY said he interprets the legislation to allow an
assessor to enter a workshop. REPRESENTATIVE OGAN agreed.
KIM METCALFE-HELMAR, Special Assistant to the Commissioner of the
Department of Community and Regional Affairs, indicated the state
assessor supports this legislation.
SENATOR PHILLIPS moved CSHB 22(CRA) out of committee with
individual recommendations. There being no objection, the motion
carried.
CHAIRMAN KELLY adjourned the meeting at 1:55 p.m. and announced the
committee will meet next Monday, March 8.
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