Legislature(2007 - 2008)HOUSE FINANCE 519

02/18/2008 01:30 PM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 320 SEARCH & RESCUE: CERTIFICATION/WORK.COMP TELECONFERENCED
Moved CSHB 320(FIN) Out of Committee
+ HCR 13 EDUCATION FUNDING/COST FACTOR COMMISSION TELECONFERENCED
Moved CSHCR 13(FIN) Out of Committee
+= HB 65 PERSONAL INFORMATION & CONSUMER CREDIT TELECONFERENCED
Heard & Held
<Teleconference Listen Only>
+ Bills Previously Heard/Scheduled TELECONFERENCED
1:44:27 PM                                                                                                                    
                                                                                                                                
HOUSE CONCURRENT RESOLUTION NO. 13                                                                                            
                                                                                                                                
     Establishing and relating to the Education Funding                                                                         
     District Cost Factor Commission.                                                                                           
                                                                                                                                
REPRESENTATIVE  MIKE  HAWKER,  SPONSOR,  explained  that  the                                                                   
resolution  resulted  from  a  long  history  of  legislative                                                                   
contention regarding  the district  cost factor component  of                                                                   
school  district  funding  formula.    He  provided  a  brief                                                                   
history of the process, reiterating  debates between Co-Chair                                                                   
Chenault and  Co-Chair Meyer  regarding school district  cost                                                                   
funding formula.   The dialogue  resulted in the  Legislature                                                                   
setting up  a Task Force to  review the funding  cost formula                                                                   
in order to stabilize school funding across the State.                                                                          
                                                                                                                                
The  House Finance  Committee  has  discussed  and passed  on                                                                   
those  funding component  recommendations.    The Task  Force                                                                   
recognized  that there  were issues beyond  their ability  to                                                                   
provide  a  single  policy  recommendation.    Amongst  those                                                                   
issues are  cost factor components,  a factor built  into the                                                                   
district  cost  formula,  which  attempts  to  recognize  the                                                                   
differing   costs  from  operations   in  various   statewide                                                                   
regional areas, recognizing  it costs more to  operate in the                                                                   
remote villages.  Anchorage is  viewed as the base community.                                                                   
                                                                                                                                
Representative  Hawker  continued,  in  the  existing  school                                                                   
funding formula,  there is a  table, established  in statute,                                                                   
providing a  fixed number.  The  accuracy of the  numbers has                                                                   
become a gradation  issue before the Legislature  since 1998.                                                                   
While   the  funding   formula  changes   recommended   in  a                                                                   
previously considered  bill were  the result of  a compromise                                                                   
and consensus which included dissenting opinions.                                                                               
                                                                                                                                
The Task Force  did acknowledge that the  school differential                                                                   
numbers used  in the recommendation  are suspect  and subject                                                                   
to  query,  question and  debate.    In  order to  break  the                                                                   
deadlock  forward  funding,  the  Task Force  opted  to  move                                                                   
forward  with  a phased-in  implementation  of  cost  factors                                                                   
recommended by the Legislative  Budget and Audit Agency (LBA)                                                                   
hiring consultant.  Representative  Hawker expressed that the                                                                   
cost factors  put  in statute  were no more  or less  precise                                                                   
than  the  numbers was  being  replaced.   They  represent  a                                                                   
degree  of change,  which is  a good  thing.   The five  year                                                                   
phase  in period  for  those  cost factors  was  specifically                                                                   
included  to  allow  the  Legislature  to  implement  another                                                                   
recommendation  made by the Education  Funding Task  Force to                                                                   
continue  the  work  with  an  additional  approach  bringing                                                                   
together legislators  to help  craft a durable  mechanism for                                                                   
the recurring redetermination  of the cost factors, which HCR
13 accomplishes.                                                                                                                
                                                                                                                                
1:49:50 PM                                                                                                                    
                                                                                                                                
Representative  Hawker   continued.    HCR  13   creates  the                                                                   
Education Funding  District Cost Factor Task  Force, which is                                                                   
tasked with examining school district  cost differentials and                                                                   
determining   a   formula  to   adequately   fund   education                                                                   
throughout Alaska.                                                                                                              
                                                                                                                                
Representative  Hawker opined  that the  only way to  achieve                                                                   
any harmony  in the Legislature  as well as achieving  parity                                                                   
across  the  State  is to  create  a  calculation  mechanism,                                                                   
acceptable to the  Legislature in an open, public  task force                                                                   
approach, bringing  everyone together dedicated  to the cause                                                                   
for redefining  cost factors.   He emphasized that  the State                                                                   
has  historically failed  to  recalculate  the cost  factors.                                                                   
Everything that went into the  calculation was not acceptable                                                                   
to the  body politics.   He  envisioned that  the Task  Force                                                                   
would develop a by-in and consensus  along the way, proving a                                                                   
methodology that works.  He urged  the Committee's support of                                                                   
the resolution.                                                                                                                 
                                                                                                                                
1:52:52 PM                                                                                                                    
                                                                                                                                
Representative  Gara asked  if the  proposal was  unanimously                                                                   
supported by the  Task Force.  Representative  Hawker replied                                                                   
that there  had been  unanimous agreement  that the  district                                                                   
cost factor  calculations are one  of the biggest  issues for                                                                   
the State.   He hesitated to say that everyone  supported the                                                                   
numbers.    He  recollected  that  the  process  did  provide                                                                   
concurrence for establishing an  approach to create a durable                                                                   
model.   There is a strong  difference of opinion  as whether                                                                   
the   process  should   be   dominantly   a  legislative   or                                                                   
administrative one.                                                                                                             
                                                                                                                                
Representative   Hawker   concurred    with   the   consensus                                                                   
recommendation  of the  Task Force, making  it a  legislative                                                                   
process, which  he believed would  be appropriate.   He noted                                                                   
that by operating in a bicameral,  bipartisan basis, a buy-in                                                                   
was  achieved,  necessary  to   carry  the  policy  decisions                                                                   
forward.     He  reiterated   his  support   for  using   the                                                                   
legislative approach.                                                                                                           
                                                                                                                                
1:55:30 PM                                                                                                                    
                                                                                                                                
Representative  Gara asked  about  dissenting  voices in  the                                                                   
process.   He  understood that  there  had been  disagreement                                                                   
regarding what  the cost factors should  be.  He said  he was                                                                   
sympathetic to the argument that  the rural schools have been                                                                   
substantially  underfunded and  that the resolution  provides                                                                   
an opportunity to look at those issues.                                                                                         
                                                                                                                                
Representative  Hawker  advised that  the  Task Force  report                                                                   
contains  an extensive  response  supporting  the proposal  &                                                                   
arguments  for  another perspective.    The  debate has  been                                                                   
entered into the public record.                                                                                                 
                                                                                                                                
1:56:45 PM                                                                                                                    
                                                                                                                                
Representative  Thomas pointed  out that  the University  has                                                                   
not  complained about  the cost  differentials  and asked  if                                                                   
there  is a  better  formula used  by  them.   Representative                                                                   
Hawker  commented that  cost differentials  exist across  the                                                                   
State in a number  of business arenas.  He believed  that the                                                                   
University  encounters similar  issues.   He  hoped that  the                                                                   
Legislative body  could come up  with a modeling  system that                                                                   
provides sufficient buy-in support.                                                                                             
                                                                                                                                
Representative  Kelly  advised   he  had  voted  against  the                                                                   
recommendations  of the Task  Force.   He was concerned  that                                                                   
the tasks of  the study commission would fail.   These issues                                                                   
have  been more  successfully  addressed in  the  State.   He                                                                   
noted concern  that if the State  is going to provide  a cost                                                                   
study reflective  of the issue,  the concern should  focus on                                                                   
how  cost factors  not harm  the  delivery of  a first  class                                                                   
education to rural areas, while  significantly improving that                                                                   
delivery.    He  hoped  it  would  be  more  inclusive.    He                                                                   
mentioned offering an amendment later.                                                                                          
                                                                                                                                
Representative Kelly outlined his concerns:                                                                                     
                                                                                                                                
   ·    The academic outcomes should be the chief driver                                                                        
   ·    /schools with 10 students or less, should be a part                                                                     
        of the debate regarding whether the system can                                                                          
                 st                                                                                                             
        deliver 1 class education to them                                                                                       
   ·    An understanding regarding when schools help                                                                            
   ·    Consideration of using delivery technology                                                                              
   ·    Concerns of offering high salaries paid in certain                                                                      
        parts of the State where at the same time, those                                                                        
        areas have huge unemployment rates                                                                                      
                                                                                                                                
Representative Kelly  encouraged that more rural  students go                                                                   
through  the  teacher  training  programs so  that  they  can                                                                   
return to teach in the village  areas.  He thought that could                                                                   
help address the high teacher  turnover.  It has not happened                                                                   
to date and many students seeking  education do not return to                                                                   
the State, particularly the rural areas.                                                                                        
                                                                                                                                
He recommended  that life  success be  addressed rather  than                                                                   
creating more  difficulties for  the State.  The  Legislative                                                                   
Body should discuss first-class  education in the rural areas                                                                   
and  excellent outcomes.   In  order  to make  a model  work,                                                                   
other items will  be affected.  He added that  the Task Force                                                                   
should  have  been  awarded  more   time  to  accomplish  the                                                                   
vastness of these goals.                                                                                                        
                                                                                                                                
2:04:33 PM                                                                                                                    
                                                                                                                                
Representative  Hawker  maintained   that  points  raised  by                                                                   
Representative  Kelly is the type  of discussion  that should                                                                   
take place  in a  properly managed  task force.   There  is a                                                                   
fine  line  between rewriting  the  school  district  funding                                                                   
formula  and fixing a  broken component  within the  existing                                                                   
formula.   There is nothing in  the format of the  Task Force                                                                   
that prohibits  a new  vision approach  to school  operations                                                                   
funding management.   The Task Force concept  recognizes that                                                                   
there  is a funding  mechanism  in place and  that there  are                                                                   
real  problems with  the school  district cost  factors.   He                                                                   
maintained that  a managed task force approach  could address                                                                   
many of  the identified  problems.   He referenced  the Moore                                                                   
decision, which had  been addressed in the Alaska  Court last                                                                   
summer [2007], a  response to a lawsuit against  the State of                                                                   
Alaska for not providing adequate  funding for schools across                                                                   
the State.   There was extensive  discussion and  the outcome                                                                   
of  that   decision  determined   that  the  Legislature   is                                                                   
responsible for the  outcome in the schools.   He maintained,                                                                   
it is  imperative to examine  the true differentials  between                                                                   
the urban  and rural  areas, a  critical step addressing  the                                                                   
comprehensive manner of the issues.                                                                                             
                                                                                                                                
2:07:46 PM                                                                                                                    
                                                                                                                                
EDDY JEANS, DIRECTOR, EDUCATION  SUPPORT SERVICES, DEPARTMENT                                                                   
OF  EDUCATION   AND  EARLY  DEVELOPMENT,  advised   that  the                                                                   
Department of Education and Early  Development and the Office                                                                   
of the Governor support HCR 13.                                                                                                 
                                                                                                                                
PUBLIC TESTIMONY CLOSED                                                                                                         
                                                                                                                                
2:08:29 PM                                                                                                                    
                                                                                                                                
Representative  Gara  voiced confidence  in  the  resolution,                                                                   
pointing out  that that the  argument has come  forward every                                                                   
year with  regards  "who gets  what money".   The answer  can                                                                   
only be  determined once  the needs  of each school  district                                                                   
are known.  He maintained that  more information is needed to                                                                   
determine  the   needs  and  that   there  must   be  further                                                                   
discussion within the statewide education system.                                                                               
                                                                                                                                
Representative   Nelson   addressed    disparaging   comments                                                                   
regarding rural  schools made  by Representative Kelly.   She                                                                   
pointed out that  many rural schools, which  hover around ten                                                                   
students,  are   doing  well,  making  the   Adequate  Yearly                                                                   
Progress  (AYP)  0 multiple  years  in  a  row.   The  larger                                                                   
schools are not doing that well.   She pointed out that there                                                                   
are cases  of small schools  offering generational  teachers.                                                                   
She  listed  school  districts  with  Native  success  rates.                                                                   
There are Native teachers that  went to University of Alaska-                                                                   
Fairbanks (UAF),  returning to  their village areas,  who are                                                                   
now retiring  out of the system.   She maintained  that there                                                                   
are advances  being made in some  of those small,  fewer than                                                                   
ten student schools and noted  that not every school hovering                                                                   
around ten should  be considered to be closed  because of low                                                                   
student enrollment.                                                                                                             
                                                                                                                                
2:12:02 PM                                                                                                                    
                                                                                                                                
Representative Hawker MOVED to  ADOPT Conceptual Amendment 1.                                                                   
Co-Chair Meyer OBJECTED for discussion purposes.                                                                                
                                                                                                                                
Representative Hawker noted Amendment 1:                                                                                        
                                                                                                                                
   ·    Page 2, Line 1, following "differentials", deleting                                                                     
        "and" and inserting","                                                                                                  
   ·    Page 2, Line 2, following "providing education",                                                                        
        inserting   ",   and   contracting    for   research,                                                                   
        consultants and experts, as the commission considers                                                                    
        necessary, to create the model".                                                                                        
                                                                                                                                
2:12:49 PM                                                                                                                    
                                                                                                                                
Representative Hawker explained  that the amendment addresses                                                                   
a question  raised in  a previous  committee.  The  amendment                                                                   
clarifies  that it is  expected that  the Task Force  process                                                                   
contracts with  economists or  other professionals  to assist                                                                   
determining the intent to utilize  outside consultant skills.                                                                   
The amendment language acknowledges that.                                                                                       
                                                                                                                                
Co-Chair  Meyer  WITHDREW  his  OBJECTION.   There  being  NO                                                                   
further OBJECTION, it was adopted.                                                                                              
                                                                                                                                
2:14:30 PM                                                                                                                    
                                                                                                                                
Co-Chair Meyer  referenced the  fiscal note submitted  by the                                                                   
Legislative  Affairs  Agency (LAA).    Representative  Hawker                                                                   
requested  latitude to revise  the fiscal  note.  He  pointed                                                                   
out  that fiscal  notes often  submitted in  addition to  the                                                                   
operating budget.   It  is envisioned that  all the  costs of                                                                   
the Task Force  could be encompassed in  existing legislative                                                                   
authority.   He added that  the Legislative Budget  and Audit                                                                   
(LBA)  Committee  ran the  two  previous studies  that  never                                                                   
reached sufficient  legislative buy-in to  provide consensus.                                                                   
Co-Chair Meyer agreed.                                                                                                          
                                                                                                                                
2:15:48 PM                                                                                                                    
                                                                                                                                
Vice-Chair Stoltze  MOVED to  REPORT CS HCR  13 (FIN)  out of                                                                   
Committee  with  individual  recommendations   and  with  the                                                                   
accompanying fiscal  note.  There being NO  OBJECTION, it was                                                                   
so ordered.                                                                                                                     
                                                                                                                                
2:16:22 PM                                                                                                                    
                                                                                                                                
CS HCR  13 (FIN)  was reported  out of  Committee with  a "do                                                                   
pass" recommendation  and with a  new zero note by  the House                                                                   
Finance Committee.                                                                                                              
                                                                                                                                
2:16:43 PM                                                                                                                    

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