Legislature(2007 - 2008)SENATE FINANCE 532

05/12/2007 09:00 AM Senate FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Recessed to 01:30 pm --
+= HB 177 NATURAL GAS PIPELINE PROJECT TELECONFERENCED
Moved Out of Committee 5/11/07
+ HCR 6 CIVICS EDUC/ CITIZENS ADVISORY TASK FORCE TELECONFERENCED
Moved SCS CSHCR 6(SED) Out of Committee
+ HB 113 OPTOMETRISTS' USE OF PHARMACEUTICALS TELECONFERENCED
Heard & Held
+ HB 90 CRIMES/CRIM PROCEDURE/SENTENCING TELECONFERENCED
Moved SCS CSHB 90(FIN) Out of Committee
+= HB 162 MORTGAGE LENDING TELECONFERENCED
Moved CSHB 162(FIN) Out of Committee
+ HB 166 CONTRIBUTIONS FROM PERM. FUND DIVIDENDS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                                                                                                                                
     SENATE BILL NO. 178                                                                                                        
     "An  Act  relating  to  school  funding,  the  base  student                                                               
     allocation, district  cost factors, the  local contribution,                                                               
     and the  intensive services adjustment for  state funding of                                                               
     public  education;  providing  for   an  effective  date  by                                                               
     repealing the delayed effective date  of sec. 6, ch. 41, SLA                                                               
     2006; and providing for an effective date."                                                                                
                                                                                                                                
                                                                                                                                
This was  the first hearing for  this bill in the  Senate Finance                                                               
Committee.                                                                                                                      
                                                                                                                                
AT EASE: 5:19:54 PM / 5:20:04 PM                                                                                              
                                                                                                                                
EDDY  JEANS, Director,  School  Finance  and Facilities  Section,                                                               
Department  of  Education  and Early  Development,  conducted  an                                                               
overview of  the bill.  He also provided  a handout  titled "Two-                                                               
Year  Education Funding  Proposal SB  178" [copy  on file]  which                                                               
provided a written analysis of the bill sections.                                                                               
                                                                                                                                
Mr. Jeans noted that Section 1  of the bill "adds a hold harmless                                                               
provision to the foundation program.  It's there to assist school                                                               
districts  that   have  decline  enrollment."  This   section  is                                                               
addressed in item number four on the aforementioned handout.                                                                    
                                                                                                                                
Mr. Jeans continued  that the hold harmless  provision in Section                                                               
1 would  accommodate school districts that  might be consolidated                                                               
for efficiency  and those whose  funding might change due  to the                                                               
funding formula, specifically  as this bill would  specify that a                                                               
community  with an  enrollment of  more than  100 students  would                                                               
receive  funding equivalent  to  two schools.  A community  whose                                                               
enrollment  is below  100 would  be  funded as  one school.  "The                                                               
adjustment in  that is  pretty substantial"  and Section  1 would                                                               
provide some "transition  money for a three year  period to allow                                                               
districts to adjust for that".                                                                                                  
                                                                                                                                
5:21:44 PM                                                                                                                    
                                                                                                                                
Mr. Jeans directed attention to  language in Section 1 subsection                                                               
(b)(2)  on page  3 beginning  on  line 15.  This provision  would                                                               
change  the local  city  or borough  contribution  to its  school                                                               
district from  a four  mill tax  levy to a  three mill  tax levy.                                                               
This  provision   would  be  further  clarified   in  forthcoming                                                               
remarks.                                                                                                                        
                                                                                                                                
Mr. Jeans then  addressed the intensive needs  funding for school                                                               
districts as specified in Section  2 subsection (a)(2)(A) on page                                                               
4  line 2.  This provision  would  provide "a  two percent  block                                                               
funding approach  for school districts with  a student enrollment                                                               
of 1,000  or more."  This calculation  would involve  "taking the                                                               
districts  average daily  membership"  and multiply  that by  two                                                               
percent in order  to determine how many students  would be funded                                                               
under this component.                                                                                                           
                                                                                                                                
Mr. Jeans communicated that the  funding level for this component                                                               
would continue  as specified  in current  State Statute  at "five                                                               
times the base student allocation".                                                                                             
                                                                                                                                
5:23:06 PM                                                                                                                    
                                                                                                                                
Senator  Elton  contended that  a  technical  amendment would  be                                                               
required in this  regard as the current Statute  does not specify                                                               
a  two  percent funding  mechanism  limitation  on special  needs                                                               
student  funding; it  specifies  that anything  over two  percent                                                               
would  be subject  to an  audit. The  proposed language  would be                                                               
problematic for  some school districts. For  example, the current                                                               
special needs student component in  the Juneau School District is                                                               
2.9 percent.  He would  work with the  Department to  further the                                                               
original intent of this consideration.                                                                                          
                                                                                                                                
5:23:59 PM                                                                                                                    
                                                                                                                                
Mr. Jeans affirmed that Senator Elton's statement was correct.                                                                  
                                                                                                                                
Mr.  Jeans stated  that Section  3 beginning  on page  4, line  7                                                               
through page  6 line 2  depicts districts' cost  differentials as                                                               
recommended  by  the  Institute of  Social  and  Economic  Reform                                                               
(ISER) report.                                                                                                                  
                                                                                                                                
Mr.  Jeans  stated that  the  base  student allocation  would  be                                                               
increased from $5,380 to $5,580 as  specified in Section 4 page 6                                                               
lines 3 through 5 effective with Fiscal Year 2009 (FY 09).                                                                      
                                                                                                                                
Mr.  Jeans  noted  that  the   handout  also  depicts  the  costs                                                               
anticipated for the changes proposed in the bill.                                                                               
                                                                                                                                
Mr. Jeans stated  that Section 5 of the bill  also instructs that                                                               
the local contribution equate to a minimum of three percent.                                                                    
                                                                                                                                
Mr. Jean continued. Section 6  would repeal the current provision                                                               
that  requires the  Department to  only count  50 percent  of the                                                               
increased property values since the  year 1999. This would return                                                               
districts  "to a  level  playing field  of  applying three  mills                                                               
across the  board for all  municipalities in the State  of Alaska                                                               
as their required contribution under the foundation program."                                                                   
                                                                                                                                
5:25:35 PM                                                                                                                    
                                                                                                                                
Senator  Dyson  asked  for  clarification  as  to  which  section                                                               
repealed the 50 percent match.                                                                                                  
                                                                                                                                
Co-Chair  Stedman specified  that  the provision  in question  is                                                               
addressed by Section 6 on page 6 line 14.                                                                                       
                                                                                                                                
5:25:59 PM                                                                                                                    
                                                                                                                                
Mr.  Jeans directed  attention to  the bill's  cost estimates  as                                                               
depicted on  the handout. Going to  three mills in FY  2008 would                                                               
cost  the  State  approximately  $9,900,000.  Going  to  the  two                                                               
percent block  funding for  school districts  with 1,000  or more                                                               
students   would  increase   that   component  by   approximately                                                               
$18,700,000.  The implementation  of 50  percent of  a district's                                                               
cost factor  would amount to approximately  $48,600,000. Based on                                                               
current FY  08 student projections, the  hold harmless provisions                                                               
would  cost  the State  approximately  $400,000.  Thus the  total                                                               
formula increase would be approximately $77,600,000.                                                                            
                                                                                                                                
Mr.  Jeans noted  that  Governor Sarah  Palin's  FY 08  operating                                                               
budget included  a one-time grant  funding of  $34,600,000. Thus,                                                               
once  that amount  is subtracted  from the  projected $77,600,000                                                               
total, the general fund increase  in FY 08 would be approximately                                                               
$43 million.                                                                                                                    
                                                                                                                                
Mr.  Jeans noted  that the  FY  08 funding  contribution for  the                                                               
Teachers Retirement  System (TRS) contribution is  anticipated to                                                               
$77,500,000. That increased funding  combined with the Total Two-                                                               
Year  Education Funding  proposed in  this bill  would amount  to                                                               
approximately $120,500,000.                                                                                                     
                                                                                                                                
5:27:21 PM                                                                                                                    
                                                                                                                                
Co-Chair Hoffman  noted that  the Committee and  the Senate  as a                                                               
whole had  eliminated the aforementioned $34,600,000  proposed in                                                               
the Governor's  Operating Budget.  Therefore, that  amount should                                                               
be  added to  the $120,500,000.  Thus,  the total  affect to  the                                                               
Operating Budget adopted by the Senate would be $155 million.                                                                   
                                                                                                                                
Mr. Jeans affirmed.                                                                                                             
                                                                                                                                
5:28:03 PM                                                                                                                    
                                                                                                                                
Mr.  Jeans  noted  that  neither  of these  items  has  yet  been                                                               
addressed by the Operating Budget Conference Committee.                                                                         
                                                                                                                                
Co-Chair Hoffman verified this to be true.                                                                                      
                                                                                                                                
5:28:16 PM                                                                                                                    
                                                                                                                                
Mr.  Jeans  noted that  increasing  the  Base Student  Allocation                                                               
(BSA)  from  the current  $5,380  to  $5,580  would result  in  a                                                               
$23,700,000 increase in the FY 2009 budget.                                                                                     
                                                                                                                                
5:28:38 PM                                                                                                                    
                                                                                                                                
Co-Chair Stedman deduced  therefore that the BSA for  FY 08 would                                                               
remain level.                                                                                                                   
                                                                                                                                
Mr. Jeans confirmed  that a BSA of $5,380 would  remain in effect                                                               
for FY 08.                                                                                                                      
                                                                                                                                
5:28:57 PM                                                                                                                    
                                                                                                                                
Senator Dyson  understood that eliminating the  50/50 match would                                                               
increase the Municipality of  Anchorage's property tax obligation                                                               
by approximately $34 million  and the Matanuska-Susitna Borough's                                                               
by approximately $40 million over the next five years.                                                                          
                                                                                                                                
Mr. Jeans  could not speak  to how this legislation  might affect                                                               
an area's local  tax base. "The required local  effort within the                                                               
foundation  program  may  change  in those  amounts  that  you've                                                               
suggested there."                                                                                                               
                                                                                                                                
5:29:53 PM                                                                                                                    
                                                                                                                                
Mr. Jeans  recalled having  shared with  the Committee,  during a                                                               
separate  presentation on  the foundation  funding program,  that                                                               
the existing provision was "creating  a disparity in the required                                                               
local contribution amongst our  municipalities." This will "bring                                                               
uniformity back to that required local effort."                                                                                 
                                                                                                                                
5:30:07 PM                                                                                                                    
                                                                                                                                
Co-Chair   Hoffman   recalled   that  when   that   [unspecified]                                                               
legislation  was   being  considered  by  the   Legislature,  the                                                               
Department had not been supportive of it.                                                                                       
                                                                                                                                
Mr.  Jeans could  not recall  the Department's  position in  that                                                               
regard.                                                                                                                         
                                                                                                                                
Co-Chair Hoffman stated that he would research the matter.                                                                      
                                                                                                                                
There  being no  further questions  from the  Committee, Co-Chair                                                               
Stedman ordered the bill HELD in Committee.                                                                                     
                                                                                                                                

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