SENATE COMMUNITY & REGIONAL AFFAIRS COMMITTEE March 1, 2000 1:43 p.m. MEMBERS PRESENT Senator Tim Kelly, Chair Senator Jerry Mackie, Vice Chair Senator Randy Phillips Senator Lyman Hoffman MEMBERS ABSENT Senator Jerry Ward COMMITTEE CALENDAR HOUSE BILL NO. 272 "An Act relating to the tax assessment by a home rule or general law municipality of housing that qualifies for the low-income housing credit under the Internal Revenue Code; and providing for an effective date." - MOVED HB 272 OUT OF COMMITTEE SENATE JOINT RESOLUTION NO. 37 Requesting the Municipality of Anchorage to name a trail as the Trent-Waldron Memorial Trail. - HEARD AND HELD PREVIOUS SENATE COMMITTEE ACTION HB 272 - No previous Senate action. SJR 37 - No previous Senate action. WITNESS REGISTER Mr. Jonathan Lack Staff to Representative Halcro Alaska State Capitol Juneau, AK 99801 POSITION STATEMENT: Presented HB 272. Mr. John Bitney Legislative Liaison Alaska Housing Finance Corporation 4300 Boniface Parkway Anchorage, AK 99510 POSITION STATEMENT: Supports HB 272. Mr. Jeff Judd Executive Director Anchorage Mutual Housing Association 3700 Woodland #500 Anchorage, AK 99517 POSITION STATEMENT: Supports HB 272. Senator Dave Donley Alaska State Capitol Juneau, AK 99801 POSITION STATEMENT: Sponsor of SJR 37. ACTION NARRATIVE TAPE 00-02, SIDE A Number 001 CHAIRMAN TIM KELLY called the Senate Community & Regional Affairs Committee meeting to order at 1:43 p.m. The first order of business to come before the committee was HB 272. HB 272-MUNICIPAL TAX: LOW INCOME HOUSING MR. JONATHAN LACK, legislative staff to Representative Halcro, presented HB 272, and stated until 1998, local governments in the State were assessing low income housing based on its federally restricted rental income. In 1998, the Municipality of Anchorage changed the formula for assessing these projects, and the formula is now based on the market value of the units. Because these units have deed restrictions on the amount of rent charged, the non-profit organizations who sponsor the units cannot raise rents to compensate for the increase in property taxes. The new formula places low income housing units in jeopardy. It also puts units throughout the State at risk. Banks statewide are refusing to finance these projects anywhere in the State without a uniform statewide taxation policy. The City and Borough of Juneau has tried to change its assessment policy in the past. The non-profit organizations in Juneau were successful in the appeal to the local Board of Equalization. Other western states have exempted low income housing from local property taxes. HB 272 only requires that the assessor consider rent restrictions on these properties. HB 272 fills the need for affordable housing. SENATOR PHILLIPS stated the Muldoon side of his district has complaints about treating property owners as a different class. HB 272 creates an unequal situation for property owners. MR. LACK stated people are questioning what is low income housing, and what is housing that is qualified for low income tax credits. There are very few units in Anchorage that qualify for tax credits. The market is not filling the need for low income housing. That is why the federal government established the low income housing tax credit program. The fair way to assess low income housing is based on what the income of the units are; the income is restricted by the deed restrictions. The tax credits given for the units are separated from the ownership, the benefits of the tax credits go to a different party, not the owner. The tax credits are very minimal in benefit to the purchaser. SENATOR MACKIE asked if the Municipality of Anchorage supports HB 272. MR. LACK stated yes. SENATOR MACKIE asked if there is other opposition to HB 272. MR. LACK stated most opposition comes from people who are comparing units that have low income families renting their properties. SENATOR MACKIE asked if, once HB 272 is explained to those people, their view changed. MR. LACK stated no. They do not want government subsidized competition. SENATOR MACKIE asked if the city assessor assesses based on rental income. MR. LACK said yes. SENATOR MACKIE asked if the Municipality of Anchorage was going to change the formula through an ordinance. Number 135 MR. LACK stated the State assessor testified the ordinance change proposed by the assembly was not permissible. Number 165 SENATOR HOFFMAN asked how often the income of people occupying low income housing is evaluated. MR. LACK replied the people qualify to get into low income housing, but there is no evaluation beyond that. SENATOR HOFFMAN stated if there were provisions in HB 272 that required an evaluation, maybe there would not be opposition to HB 272. Number 188 MR. JOHN BITNEY, legislative liaison for Alaska Housing Finance Corporation (AHFC), stated support for HB 272. The opposition comes from people seeing only the benefit of tax credits. Those people don't see the obligations for the developer who is involved in these projects. Annual audits are performed for AHFC to look at qualifications by income for every tenant within the building, to maintain compliance with the IRS code for the tax credit to remain valid. The IRS has no leniency about qualifications for families in low income housing. CHAIRMAN KELLY asked if a family's income increases, does that family have to move out of low income housing units. MR. BITNEY stated once a family qualifies to move in, the law does not require eviction if the annual income increases for the family. Number 243 MR. JEFF JUDD, Executive Director of Anchorage Mutual Housing Association (AMHA), supports HB 272. AMHA provides healthier community for all Alaskans, in response to the need for affordable housing. Non-profit organizations began developing properties to serve lower income families. SENATOR MACKIE moved HB 272 with individual recommendations out of committee. SENATOR PHILLIPS objected. The motion carried with Senators Mackie, Hoffman, and Kelly voting "Yea," and Senator Phillips voting "Nay." SJR 37-PROPOSING TRENT-WALDRON MEMORIAL TRAIL Number 286 SENATOR DAVE DONLEY, sponsor of SJR 37, stated SJR 37 is a request from the Municipality of Anchorage that an extension of the coastal trail in Anchorage be named the Trent-Waldron Memorial Trail. The Trent family was very active in the trail and running community, this would be a way to memorialize the names of the people who were killed at McHugh Creek on July 1, 1995, as a result of a bear attack. CHAIRMAN KELLY asked, as the Tony Knowles Coastal Trail is extended, it will stop at Kincaid Park and under SJR 37 the Trent- Waldron Memorial Trail will continue. SENATOR DONLEY stated that was correct. SENATOR PHILLIPS asked how many miles the trail would reach. SENATOR DONLEY said it is undetermined because there is no design for the trail yet. CHAIRMAN KELLY stated he would be more comfortable with naming a section the Trent-Waldron Memorial Section of the Tony Knowles Coastal Trail. SENATOR DONLEY stated this would be a new trail that doesn't exist right now. This family was wronged by the State and the Department of Fish & Game. They were killed at McHugh Creek where the trail will eventually run. All the factors make it appropriate to name it after the families. SENATOR HOFFMAN asked if the decision was up to the Anchorage Assembly to name the trail after those families. SENATOR DONLEY stated yes. SJR 37 is simply a request of the Anchorage Assembly to name the trail that will run between Kincaid Park and Potter Marsh after those families. CHAIRMAN KELLY asked how these families were wronged by the State and the Department of Fish & Game. SENATOR DONLEY stated controversy arose about the Department of Fish & Game's failure to go after the bear. The Department of Fish & Game had no policy on how to deal with human kills by bears were to be taken care of. There was no effort to track the bear, and it was proven once a bear has killed humans it has greater propensity to kill humans again. SENATOR HOFFMAN asked what the time frame was for the proposed trail. SENATOR DONLEY stated the Executive Branch is interfering with the planning process of the trail and there are legitimate concerns on how Department of Transportation is proceeding with this project. CHAIRMAN KELLY asked if the trail would be an extension of the Tony Knowles Coastal Trail. SENATOR DONLEY stated yes. CHAIRMAN KELLY stated SJR 37 would be held in committee for further review. There being no further business to come before the Community & Regional Affairs Committee, the meeting was adjourned at 2:10 p.m.