Legislature(2005 - 2006)SENATE FINANCE 532

05/03/2005 09:00 AM Senate FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 187 AMERADA HESS INCOME; CAPITAL INCOME FUND TELECONFERENCED
Moved CSHB 187(FIN)(efd fld)Out Committee
+= SB 46 APPROP: CAPITAL BUDGET TELECONFERENCED
Heard & Held
+= SB 102 COASTAL MANAGEMENT PROGRAMS TELECONFERENCED
Moved CSSB 102(FIN) Out of Committee
*+ SB 192 SCHOOL CONSTRUCTION BOND REIMBURSEMENT TELECONFERENCED
Heard & Held
+ SB 22 MEDICAID COVERAGE FOR BIRTHING CENTERS TELECONFERENCED
Moved CSSB 22(FIN) Out of Committee
+ SB 78 SENIOR CARE PROGRAM TELECONFERENCED
Scheduled But Not Heard
+ SB 125 LICENSING MEDICAL OR CARE FACILITIES TELECONFERENCED
Moved CSSB 125(JUD) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
= HB 178 SPECIAL REQUEST LICENSE PLATES
Moved CSHB 178(STA) am Out of Committee
                                                                                                                                
     SENATE BILL NO. 192                                                                                                        
     "An Act relating to reimbursement of municipal bonds for                                                                   
     school construction; and providing for an effective date."                                                                 
                                                                                                                                
                                                                                                                                
This  was the first  hearing  for this  bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
Co-Chair Green,  the bill's sponsor, explained that  this bill would                                                            
extend the original  January 1, 2005 termination date  applicable to                                                            
the public  school construction dept  reimbursement program  to July                                                            
1, 2006.  This one  and a half  year program  extension would  allow                                                            
schools  to  bond  and solicit  State  assistance  in  building  and                                                            
renovating schools. While  the Sponsor Statement primarily addressed                                                            
school  expansion needs  in the  Mat-Su  Valley area,  which is  the                                                            
State's  "most  problematic   area",  for  over  population  in  its                                                            
schools, many  school districts have  similar expansion needs.  Were                                                            
the current student  growth trend to continue in the  Mat-Su area, a                                                            
new school  would  need to  be constructed  each year.  "It is  very                                                            
difficult to keep  up and keep our classrooms, not  only in sizes,                                                              
but to  provide for  enough services  ? for all  our students."  She                                                            
noted  that  areas   of  the  Mat-Su  Valley  that  had   previously                                                            
experienced little  growth are now being developed.  Other districts                                                            
throughout  the   State  are  also  experiencing  construction   and                                                            
renovation needs.                                                                                                               
                                                                                                                                
10:48:45 AM                                                                                                                   
                                                                                                                                
EDDY JEANS,  Director,  Division of  School Finance,  Department  of                                                            
Education  and Early  Development,  stated that  "the Department  is                                                            
opposed to the  extension" of this program "at this  time". When the                                                            
Legislature  authorized the debt reimbursement  program in  the year                                                            
2002, they  had included a provision  requiring that the  Department                                                            
provide  a  report  by  February  1,  2006  that  would  review  the                                                            
effectiveness   of  the   school  construction   grant  and   school                                                            
construction debt reimbursement program.                                                                                        
                                                                                                                                
Mr.  Jeans reminded  the Committee  that  a separate  State  General                                                            
Obligation  (GO) bond package was  authorized in the year  2002 that                                                            
provided funding  for Rural schools.  The citizens of the  State had                                                            
approved  the school construction  debt  reimbursement program,  and                                                            
approximately  $728,000,000  in school  construction  projects  have                                                            
been authorized  throughout the State. The Department  is requesting                                                            
that it be provided  time to review the resulting  financial impacts                                                            
on the State and  develop a report that would convey  to Legislators                                                            
what  the anticipated  annual  debt  would  be under  this  program.                                                            
$84,000,000 in  debt expenses would be included in  the FY 06 budget                                                            
with the  anticipation for  that number  increasing were  additional                                                            
bonds sold.                                                                                                                     
                                                                                                                                
Senator Dyson  appreciated the Department's desire  to undertake the                                                            
study. He asked regarding  any specific school construction projects                                                            
that could be affected by this legislation.                                                                                     
                                                                                                                                
10:51:22 AM                                                                                                                   
                                                                                                                                
Mr. Jeans  identified  that the  Mat-Su School  District would  have                                                            
some needs. The Anchorage  School district has also identified needs                                                            
they would  like to present  to their voters.  The Department  would                                                            
appreciate being able to  review "the effectiveness" of that program                                                            
before an extension occurred.                                                                                                   
                                                                                                                                
10:51:57 AM                                                                                                                   
                                                                                                                                
Senator  Olson   asked  whether  this   bill  would  affect   school                                                            
construction in Bush Alaska.                                                                                                    
                                                                                                                                
10:52:13 AM                                                                                                                   
                                                                                                                                
Mr. Jeans  clarified that  the debt reimbursement  program  "is only                                                            
available  to municipal  school  districts"  such as  the  Northwest                                                            
Arctic Borough and the  North Slope Borough. Areas such as the Lower                                                            
Kuskokwim/Lower Yukon school areas would not be affected by it.                                                                 
                                                                                                                                
10:52:32 AM                                                                                                                   
                                                                                                                                
Senator  Olson   asked  therefore   for  an  example  of   how  this                                                            
legislation would affect  the Northwest Arctic Borough and the North                                                            
Slope Borough.                                                                                                                  
                                                                                                                                
Mr. Jeans  responded that  those Boroughs  could develop a  proposal                                                            
for local voter  approval. A proposal  approved by the local  voters                                                            
would   either   qualify   for   the   70-percent    or   60-percent                                                            
reimbursement.  He  pointed  out that  this  legislation,  like  the                                                            
legislation that was passed  in the year 2002, would not impose "any                                                            
limits by region."                                                                                                              
                                                                                                                                
10:53:16 AM                                                                                                                   
                                                                                                                                
Co-Chair Wilken  recalled that either a provision  in SB 155-APPROP:                                                            
SCHOOLS/UNIV/VIROLOGY  LAB/MUSEUM or the FY 06 Capital  Budget bill,                                                            
would  allow projects  in organized  Alaska  to be funded  at a  70-                                                            
percent  State/30-percent  local  funding  ratio  "under  the  grant                                                            
provision". Therefore,  he understood that this legislation would be                                                            
required  in order  to  conduct a  community  vote on  local  school                                                            
projects  in, for  instance,  the Mat-Su  Borough  or the  Fairbanks                                                            
North Star Borough.                                                                                                             
                                                                                                                                
Mr. Jeans asked for further clarification of the question.                                                                      
                                                                                                                                
Co-Chair  Wilken expressed  that  a provision  of SB  155 or in  the                                                            
Capital Budget  would apply to named  projects in organized  Alaska.                                                            
Those projects  would  be included  in the list  of the traditional                                                             
70/30  reimbursement   funding  mechanism.  Therefore   absent  this                                                            
legislation,  an organized  borough  would  be unable  to develop  a                                                            
proposal for local voter consideration.                                                                                         
                                                                                                                                
10:54:42 AM                                                                                                                   
                                                                                                                                
Mr. Jeans replied,  "that is not correct".  The grants specified  in                                                            
SB 46-BUDGET:  CAPITAL & OTHER/ BRF  are grant projects through  the                                                            
Department  of Education  and Early  Development.  The projects  and                                                            
their funding  levels as  identified in that  bill "are the  State's                                                            
share at 70-percent."  The municipality would be responsible  for "a                                                            
30-percent local match on top of that".                                                                                         
                                                                                                                                
10:55:11 AM                                                                                                                   
                                                                                                                                
Co-Chair Wilken asked regarding  the procedure were the municipality                                                            
to  desire  to  fund   their  30-percent  match  with   bond  money;                                                            
specifically whether this  legislation would be required in order to                                                            
conduct a Statewide vote.                                                                                                       
                                                                                                                                
Further Committee discussion in this regard ensued.                                                                             
                                                                                                                                
In  order to  clarify  the  funding  mechanism  at hand,  Mr.  Jeans                                                            
clarified  that  there are  two  different  programs.  One is  grant                                                            
program in  which "the Legislature  lists out the grant projects  in                                                            
the State's share".  AS 14.11.008 specifies the participating  share                                                            
for  that  grant  program.  The  program  being  discussed  in  this                                                            
legislation refers to AS  14.11.100, which is the debt reimbursement                                                            
program. Were  this legislation adopted, "then a municipality  would                                                            
take before  their voters  the entire project,  issue bonds  for the                                                            
entire project,  and the State would either reimburse  them at 70 or                                                            
60 percent, depending on  the individual project's legibility." This                                                            
funding  mechanism  "is  quite   a bit  different   than  the  grant                                                            
program."                                                                                                                       
                                                                                                                                
Co-Chair   Green  opined   that  the  programs   "are  similar   but                                                            
different."                                                                                                                     
                                                                                                                                
Mr.  Jeans replied  that  they "are  similar  in terms  of what  the                                                            
participating share is."                                                                                                        
                                                                                                                                
Co-Chair Green acknowledged.                                                                                                    
                                                                                                                                
Mr. Jeans  continued  that under the  grant program,  "the State  is                                                            
providing the 70-percent up front".                                                                                             
                                                                                                                                
Co-Chair  Green surmised  therefore that the  school district  would                                                            
not be required to expend money and then get reimbursed.                                                                        
                                                                                                                                
Mr. Jeans affirmed.                                                                                                             
                                                                                                                                
10:57:02 AM                                                                                                                   
                                                                                                                                
Co-Chair  Green understood  that  "the authority  to go  to bond  is                                                            
implied in the Capital bill".                                                                                                   
                                                                                                                                
10:57:14 AM                                                                                                                   
                                                                                                                                
Mr. Jeans responded  that in the capital bill, municipalities  could                                                            
bond for  their local  share. "Municipalities  could  bond for  100-                                                            
percent of a project right  now; it would simply not be reimbursable                                                            
by the State at any rate."                                                                                                      
                                                                                                                                
10:57:30 AM                                                                                                                   
                                                                                                                                
Co-Chair  Wilken  therefore, questioned  the  need  to further  this                                                            
legislation prior to the  Department's report being developed, since                                                            
$120,000,000  in school construction  needs would be included  in SB
155 or  in the capital  budget.  He understood  that that amount  of                                                            
money would address districts' needs.                                                                                           
                                                                                                                                
10:57:53 AM                                                                                                                   
                                                                                                                                
Co-Chair Green  responded that those  bills would provide  less than                                                            
one-half  of  the  Mat-Su  School  District's  needs.  However,  she                                                            
allowed  that, based on  increased enrollment,  the Mat-Su  District                                                            
might  be alone in  their situation.  Other  districts might  desire                                                            
this funding mechanism  and might be eligible, depending  on what is                                                            
passed  or offered. Were  the capital  bill in  its current  form to                                                            
pass, it would  provide funding for  the next year, but not  for the                                                            
Mat-Su District's  anticipated  future needs.  Again, she  qualified                                                            
that the Mat-Su  District might be unique in its population  growth.                                                            
She asked the Department to elaborate on this issue.                                                                            
                                                                                                                                
10:58:53 AM                                                                                                                   
                                                                                                                                
Mr. Jeans expressed  that the population  of "the Mat-Su  Borough is                                                            
growing  at tremendous  rate"  and  its schools  "are  operating  at                                                            
capacity".  However,  some   schools  in  the  State  are  currently                                                            
operating at 200 percent capacity.                                                                                              
                                                                                                                                
Co-Chair Green understood  therefore that other schools have similar                                                            
needs.                                                                                                                          
                                                                                                                                
Mr. Jeans affirmed.                                                                                                             
                                                                                                                                
10:59:21 AM                                                                                                                   
                                                                                                                                
Senator Hoffman  recalled the original legislation  as being a "very                                                            
contentious issue."  The crux of that dialogue is  that, while areas                                                            
such as the  Mat-Su Valley are experiencing  tremendous growth,  the                                                            
Legislature acts  on behalf of the whole State. Without  Legislative                                                            
action, nothing  would occur in regards to the unorganized  areas of                                                            
the State.  All areas of the State  should benefit from the  oil and                                                            
gas  revenues generated  from  the North  Slope;  quality  education                                                            
opportunities should be  provided to children under the age of 17 in                                                            
all areas of the  State. This was an issue during  the debate on the                                                            
original legislation.  A list for  school construction projects  has                                                            
been developed  that amounts to approximately  $527,000,000.  In the                                                            
past, a percentage  of schools would be built in Rural  areas of the                                                            
State.  A  formula  must  be  developed   that  would  consider  the                                                            
education  needs  of  the  entire  State.   He  suggested  that  the                                                            
Department  address  this  issue in  its  report. An  amendment  was                                                            
discussed during the development  of the original authorization that                                                            
addressed this issue.                                                                                                           
                                                                                                                                
Senator  Hoffman stated  that  the advent  of a  Gas Pipeline  would                                                            
result  in more and  more school  needs throughout  the State.  This                                                            
issue must  be discussed  and resolved on  a long term basis  rather                                                            
than being "piecemealed"  in legislation such as this.  The majority                                                            
of the  Rural projects  addressed  in the Capital  Budget are  major                                                            
maintenance needs rather than new school construction needs.                                                                    
                                                                                                                                
11:02:42 AM                                                                                                                   
                                                                                                                                
Senator  Hoffman   asked  therefore   whether  the  scope   of  this                                                            
legislation  could be limited to specifically  address the  needs of                                                            
the Mat-Su Valley.                                                                                                              
                                                                                                                                
11:04:01 AM                                                                                                                   
                                                                                                                                
Co-Chair  Green agreed that  a "valid discussion"  must be  had. She                                                            
noted  that the  FY  06 Capital  budget  is totally  different  from                                                            
previous budgets in regards to its "huge investment Statewide".                                                                 
                                                                                                                                
11:04:34 AM                                                                                                                   
                                                                                                                                
Co-Chair Wilken provided  an overview of pending school construction                                                            
legislation: approximately  $260,000,000 would be  specified through                                                            
either  SB 155  or the  Capital Budget  including  $118,000,000  for                                                            
school  construction   and  $141,000,000   for  major  maintenance.                                                             
$69,900,000  would be provided  to "people  that don't pay  a nickel                                                            
for their schools"; organized  Alaska would be provided $72,000,000.                                                            
He doubted  that  a formula  could be  developed that  would be  any                                                            
fairer as the  funding is fairly evenly divided. A  formula would be                                                            
a matter of importance  only when everyone in all parts of the State                                                            
contributed  equally to education.  That should be a consideration.                                                             
                                                                                                                                
11:06:22 AM                                                                                                                   
                                                                                                                                
KIM FLOYD,  Representative,  Mat-Su School  District, testified  via                                                            
teleconference  from an offnet site and voiced appreciation  for the                                                            
Committee's  discussion on this legislation.  Continuing,  she spoke                                                            
to the fact that the Mat-Su  District is experiencing "unprecedented                                                            
enrollment  growth" and is  the fastest growing  school district  in                                                            
the   State.  This   growth   is  projected   to   continue.   State                                                            
demographers'  projections were incorrect and "have  been revised to                                                            
reflect  reality."  Currently  all classrooms  are  overcrowded  and                                                            
portable classrooms are  being utilized. 28 portables in addition to                                                            
the current  48  would be  required to  meet enrollment  needs  next                                                            
year. However,  the District  has only enough  funding to  construct                                                            
five. While  she acknowledged  the Department's  desire to  complete                                                            
their  report,  she characterized  the  District  as being  "out  of                                                            
time".  While the  District  has compiled  a  20-year  plan that  is                                                            
updated  annually, its  construction  needs are  a "day  late and  a                                                            
dollar short".  Voters understand  the situation and would  "support                                                            
critically  essential  projects".   She  asked  that  the  Committee                                                            
approve the  extension of the bond  debt reimbursement program.  She                                                            
also spoke in  support of SB 155. The District is  considering every                                                            
opportunity thought which to address its student growth needs.                                                                  
                                                                                                                                
Co-Chair Green ordered the bill HELD in Committee.                                                                              
                                                                                                                                
Co-Chair  Green announced  that  the  Committee would  reconvene  at                                                            
approximately  4:00  PM in order  to address  amendments  to SB  46.                                                            
Other legislation would also be considered.                                                                                     
                                                                                                                                
RECESS TO CALL OF THE CHAIR 11:10:03 AM / 4:26:40 PM                                                                        
                                                                                                                                

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