Legislature(2021 - 2022)SENATE FINANCE 532

04/06/2022 09:00 AM Senate FINANCE

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Audio Topic
09:02:03 AM Start
09:03:04 AM SB239
09:05:35 AM SB240
09:07:24 AM Governor's Confirmation: Alaska Mental Health Trust Authority (amhta): Agnes Moran
09:17:50 AM SB236
09:45:37 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 236 FACILITIES CONSTITUTING A SCHOOL TELECONFERENCED
Heard & Held
-- Invited Testimony --
-- Public Testimony <Time Limit May Be Set> --
+ Consideration of Governor’s Appointees: Agnes TELECONFERENCED
Moran, AK Mental Health Trust Authority
-- Public Testimony <Time Limit May Be Set> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 239 APPROVE PETRO STAR INC. ROYALTY OIL SALE TELECONFERENCED
Moved SB 239 Out of Committee
+= SB 240 APPROVE MARATHON PETRO ROYALTY OIL SALE TELECONFERENCED
Moved SB 240 Out of Committee
**Streamed live on AKL.tv**
                 SENATE FINANCE COMMITTEE                                                                                       
                       April 6, 2022                                                                                            
                         9:02 a.m.                                                                                              
                                                                                                                                
                                                                                                                                
9:02:03 AM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Bishop called the Senate Finance Committee meeting                                                                     
to order at 9:02 a.m.                                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Click Bishop, Co-Chair                                                                                                  
Senator Bert Stedman, Co-Chair                                                                                                  
Senator Lyman Hoffman                                                                                                           
Senator Donny Olson (via teleconference)                                                                                        
Senator Natasha von Imhof                                                                                                       
Senator Bill Wielechowski                                                                                                       
Senator David Wilson                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
None                                                                                                                            
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Ed King, Committee Aide, Senate Education Committee;                                                                            
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Agnes   Moran,  Appointee,   Alaska   Mental  Health   Trust                                                                    
Authority (AMHTA); Elwin  Blackwell, School Finance Manager,                                                                    
Department    of    Education,     Juneau;    Gene    Stone,                                                                    
Superintendent,  Lower   Yukon  School   District,  Mountain                                                                    
Village;  Andrew  Leavitt,   Lower  Yukon  School  District,                                                                    
Anchorage;                                                                                                                      
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
SB 236    FACILITIES CONSTITUTING A SCHOOL                                                                                      
                                                                                                                                
          SB 236 was HEARD and HELD in committee for                                                                            
          further consideration.                                                                                                
                                                                                                                                
SB 239    APPROVE PETRO STAR INC. ROYALTY OIL SALE                                                                              
                                                                                                                                
          SB 239  was REPORTED  out of committee  with three                                                                    
          "do     pass"    recommendations,     three    "no                                                                    
          recommendation"   recommendations  and   with  one                                                                    
          previously  published  fiscal   impact  note:  FN1                                                                    
          (DNR).                                                                                                                
                                                                                                                                
SB 240    APPROVE MARATHON PETRO ROYALTY OIL SALE                                                                               
                                                                                                                                
          SB 240  was REPORTED  out of committee  with three                                                                    
          "do     pass"    recommendations,     three    "no                                                                    
          recommendation"   recommendations  and   with  one                                                                    
          previously  published  fiscal   impact  note:  FN1                                                                    
          (DNR).                                                                                                                
                                                                                                                                
GOVERNOR'S CONFIRMATION: ALASKA MENTAL HEALTH TRUST                                                                             
AUTHORITY (AMHTA): AGNES MORAN                                                                                                  
                                                                                                                                
SENATE BILL NO. 239                                                                                                           
                                                                                                                                
     "An  Act approving  and ratifying  the sale  of royalty                                                                    
     oil  by the  State of  Alaska to  Petro Star  Inc.; and                                                                    
     providing for an effective date."                                                                                          
                                                                                                                                
9:03:04 AM                                                                                                                    
                                                                                                                                
Senator Wilson discussed the fiscal note associated with                                                                        
the bill. He read from the analysis:                                                                                            
                                                                                                                                
     This bill  provides legislative approval of  a contract                                                                    
     negotiated between the State  of Alaska and Petro Star,                                                                    
     Inc.  for the  sale of  the state's  royalty oil  for a                                                                    
     term  of five  years.  The agreement  provides for  the                                                                    
     following barrels per day:                                                                                                 
          years 1 and 2: 12,500                                                                                                 
          years 3 through 5: 10,000                                                                                             
     The  number  of barrels  per  day  is multiplied  by  a                                                                    
     negotiated Royalty  In Kind differential per  barrel to                                                                    
     arrive at the expected  revenue increase. There will be                                                                    
     no  fiscal impact  to the  operating expenditures.  The                                                                    
     proposed  contract  is  expected  to  generate  between                                                                    
     $17.4  million   and  $19.7  million  in   revenues  in                                                                    
     addition to  the amount that would  have been collected                                                                    
     if the  royalty oil sold  under this contract  had been                                                                    
     disposed of in value.                                                                                                      
                                                                                                                                
9:04:29 AM                                                                                                                    
                                                                                                                                
Senator von Imhof  MOVED to REPORT SB 239  out of committee.                                                                    
There being no objection it was so ordered.                                                                                     
                                                                                                                                
SB 239  was REPORTED out  of committee with three  "do pass"                                                                    
recommendations,  three "no  recommendation" recommendations                                                                    
and  with  one  previously  published  fiscal  impact  note:                                                                    
FN1(DNR).                                                                                                                       
                                                                                                                                
SENATE BILL NO. 240                                                                                                           
                                                                                                                                
     "An  Act approving  and ratifying  the sale  of royalty                                                                    
     oil  by  the  State  of Alaska  to  Marathon  Petroleum                                                                    
     Supply and  Trading Company LLC;  and providing  for an                                                                    
     effective date."                                                                                                           
                                                                                                                                
9:05:35 AM                                                                                                                    
                                                                                                                                
Senator von  Imhof discussed the  fiscal note and  read from                                                                    
the analysis:                                                                                                                   
                                                                                                                                
     This bill  provides legislative approval of  a contract                                                                    
     negotiated  between the  State of  Alaska and  Marathon                                                                    
     Petroleum Supply  and Trading Company LLC  for the sale                                                                    
     of the state's  royalty oil for a term  of three years.                                                                    
     The agreement  provides for  the following  barrels per                                                                    
     day: 10,00015,000.                                                                                                         
     The  number  of barrels  per  day  is multiplied  by  a                                                                    
     negotiated Royalty  In Kind differential per  barrel to                                                                    
     arrive at the expected  revenue increase. There will be                                                                    
     no  fiscal impact  to the  operating expenditures.  The                                                                    
     proposed contract  is expected  to generate  between $3                                                                    
     million and $14 million in  revenues in addition to the                                                                    
     amount that  would have been  collected if  the royalty                                                                    
     oil sold  under this contract  had been disposed  of in                                                                    
     value.                                                                                                                     
                                                                                                                                
9:06:31 AM                                                                                                                    
                                                                                                                                
Senator  Wilson MOVED  to REPORT  SB 240  out of  committee.                                                                    
There being no objection it was so ordered.                                                                                     
                                                                                                                                
SB 240  was REPORTED out  of committee with three  "do pass"                                                                    
recommendations,  three "no  recommendation" recommendations                                                                    
and  with  one  previously  published  fiscal  impact  note:                                                                    
FN1(DNR).                                                                                                                       
                                                                                                                                
^GOVERNOR'S   CONFIRMATION:  ALASKA   MENTAL  HEALTH   TRUST                                                                  
AUTHORITY (AMHTA): AGNES MORAN                                                                                                
                                                                                                                                
9:07:24 AM                                                                                                                    
                                                                                                                                
AGNES   MORAN,  APPOINTEE,   ALASKA   MENTAL  HEALTH   TRUST                                                                    
AUTHORITY (AMHTA) (via  teleconference), introduced herself.                                                                    
She offered  information on her  education and  early career                                                                    
choices. She spoke  of various boards she  had been involved                                                                    
with. She relayed information about  her family. She related                                                                    
that she had worked with  trust beneficiaries in a voluntary                                                                    
capacity for  a decade. She shared  different experiences in                                                                    
her  volunteer  history.  She  provided  a  history  of  her                                                                    
experience  revitalizing  the  Women in  Safe  Homes  (WISH)                                                                    
program  in Ketchikan.  She stressed  her strong  connection                                                                    
with the mission of the AMHTA board of trustees.                                                                                
                                                                                                                                
9:11:19 AM                                                                                                                    
                                                                                                                                
Co-Chair Stedman  applauded the  work done  by Ms.  Moran in                                                                    
relation to  WISH in Ketchikan.  He believed  her background                                                                    
in  banking and  business would  also be  beneficial to  the                                                                    
board. He supported her nomination.                                                                                             
                                                                                                                                
Senator von Imhof thanked Ms. Moran for her work with WISH.                                                                     
                                                                                                                                
9:14:20 AM                                                                                                                    
                                                                                                                                
Co-Chair Bishop OPENED and CLOSED public testimony.                                                                             
                                                                                                                                
9:14:45 AM                                                                                                                    
                                                                                                                                
Senator Wilson  wondered whether she had  attended any trust                                                                    
board meetings.                                                                                                                 
                                                                                                                                
9:14:53 AM                                                                                                                    
                                                                                                                                
Ms. Moran replied that she had not.                                                                                             
                                                                                                                                
9:15:01 AM                                                                                                                    
                                                                                                                                
Senator Wielechowski  moved to FORWARDED the  appointment of                                                                    
Agnes  Moran for  consideration  in  accordance with  Alaska                                                                    
Statute. He relayed  that this did not reflect  an intent by                                                                    
any member  of the Senate  Finance Committee to vote  for or                                                                    
against  the  confirmation  of the  individuals  during  any                                                                    
further  sessions.  There  being  NO OBJECTION,  it  was  so                                                                    
ordered.                                                                                                                        
                                                                                                                                
Co-Chair Bishop FORWARDED the appointment of Agnes Moran                                                                        
for consideration in accordance with Alaska Statute.                                                                            
                                                                                                                                
9:15:47 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:17:20 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
SENATE BILL NO. 236                                                                                                           
                                                                                                                                
     "An Act relating to facilities constituting a school."                                                                     
                                                                                                                                
9:17:50 AM                                                                                                                    
                                                                                                                                
ED KING, COMMITTEE AIDE, SENATE EDUCATION COMMITTEE,                                                                            
introduced the legislation. He read from the Sponsor                                                                            
Statement:                                                                                                                      
                                                                                                                                
     SB  236 seeks  to  remedy a  technical  problem in  the                                                                    
     education funding  formula. The  problem occurs  when a                                                                    
     district  with  a  single  school  and  more  than  425                                                                    
     students  opens a  charter school.  Under current  law,                                                                    
     the existence of the charter  school implies that there                                                                    
     is  no  longer "only  one  facility  administered as  a                                                                    
     school." Consequently, the  district must calculate the                                                                    
     adjusted ADM in  the public school with  a lower school                                                                    
     size factor. As  a result, opening a  charter school in                                                                    
     such  a  district comes  with  a  financial penalty  of                                                                    
     about $1 million per year.                                                                                                 
                                                                                                                                
     SB  236 adds  three words  to existing  law: "excluding                                                                    
     charter schools." These three  words allow the district                                                                    
     to   maintain  its   full   funding   and  remove   the                                                                    
     disincentive a  school board  faces when  considering a                                                                    
     charter  school application.  While it  is tempting  to                                                                    
     consider  the fiscal  note  as a  $1  million per  year                                                                    
     funding  increase,  it's  important  to  remember  that                                                                    
     simply closing the charter school  would yield the same                                                                    
     result.                                                                                                                    
                                                                                                                                
     The   Senate  Education   Committee  supports   charter                                                                    
     schools  and requests  your  support  in removing  this                                                                    
     barrier  to  ensure  they  are  available  to  students                                                                    
     across the state.                                                                                                          
                                                                                                                                
9:19:25 AM                                                                                                                    
                                                                                                                                
Senator  von  Imhof  queried how  charter  schools  procured                                                                    
revenue.                                                                                                                        
                                                                                                                                
9:19:42 AM                                                                                                                    
                                                                                                                                
Mr. King deferred to Mr. Blackwell.                                                                                             
                                                                                                                                
9:20:03 AM                                                                                                                    
                                                                                                                                
ELWIN  BLACKWELL,  SCHOOL  FINANCE  MANAGER,  DEPARTMENT  OF                                                                    
EDUCATION, JUNEAU (via teleconference),  replied that once a                                                                    
charter  school was  approved, all  funding generated  would                                                                    
transfer  to the  charter school  for the  administration of                                                                    
the  program. He  said in  the  situation of  a K-12  school                                                                    
falling between 101 and 425  students, the K-12 school would                                                                    
receive two adjustments.  He said that the  Yukon and Hooper                                                                    
Bay schools exceeded 425 students,  which meant that the two                                                                    
adjustments  would  not  be  made,  except  for  single-site                                                                    
schools.  He  said that  with  the  opening of  the  charter                                                                    
school, the statute  saw the community as  having two school                                                                    
facilitates, which made them lose the secondary adjustment.                                                                     
                                                                                                                                
9:22:17 AM                                                                                                                    
                                                                                                                                
Senator von  Imhof understood that  425 was  the demarcation                                                                    
of a  secondary adjustment. She hypothesized  that under the                                                                    
legislation  a community  with  500  students, one-third  of                                                                    
which  attended  charter  school, two-thirds  attended  K-12                                                                    
public school.  She continued that  the community  still had                                                                    
500   students,  only   in  two   separate  buildings.   She                                                                    
understood that  the community would still  be considered as                                                                    
having  500 students  and the  community  would receive  the                                                                    
same amount of money as in the past.                                                                                            
                                                                                                                                
9:23:39 AM                                                                                                                    
                                                                                                                                
Mr.  Blackwell   replied  that  in  a   community  with  500                                                                    
students,  where 100  went  to a  charter  school, the  K-12                                                                    
school  would only  receive  one  adjustment. The  community                                                                    
would receive  funding for  100 kids  in charter  school and                                                                    
one  adjustment for  the 400  kids  in the  K-12 school.  He                                                                    
noted that the  funding the went to charter  schools was not                                                                    
as much as for K-12 schools.                                                                                                    
                                                                                                                                
9:25:27 AM                                                                                                                    
                                                                                                                                
Senator Wilson  assumed that the charter  school in question                                                                    
was not a private school.                                                                                                       
                                                                                                                                
9:25:41 AM                                                                                                                    
                                                                                                                                
Mr.  Blackwell replied  that  individuals  in the  community                                                                    
approached  the  school  board  asking  to  open  a  charter                                                                    
school.  The  school  was community  driven  as  opposed  to                                                                    
having been initiated by the school district.                                                                                   
                                                                                                                                
9:26:19 AM                                                                                                                    
                                                                                                                                
Senator  Wilson  wondered  whether  there  were  schools  in                                                                    
communities within the  state that would be  affected by the                                                                    
legislation.                                                                                                                    
                                                                                                                                
9:26:36 AM                                                                                                                    
                                                                                                                                
Mr.  Blackwell responded  that  the  legislation would  only                                                                    
affect the Lower Yukon School District.                                                                                         
                                                                                                                                
9:27:11 AM                                                                                                                    
                                                                                                                                
Senator Hoffman asked  whether the intent was  that there be                                                                    
only a charter school in Hooper Bay.                                                                                            
                                                                                                                                
9:27:27 AM                                                                                                                    
                                                                                                                                
Mr. Blackwell asked Senator Hoffman to repeat the question.                                                                     
                                                                                                                                
9:27:35 AM                                                                                                                    
                                                                                                                                
Senator Hoffman restated his question.                                                                                          
                                                                                                                                
9:27:56 AM                                                                                                                    
                                                                                                                                
Co-Chair Bishop asked whether the  sponsors  staff wanted to                                                                    
speak to the question.                                                                                                          
                                                                                                                                
9:28:00 AM                                                                                                                    
                                                                                                                                
Mr. King deferred to Mr. Stone.                                                                                                 
                                                                                                                                
9:28:13 AM                                                                                                                    
                                                                                                                                
GENE  STONE, SUPERINTENDENT,  LOWER  YUKON SCHOOL  DISTRICT,                                                                    
MOUNTAIN VILLAGE  (via teleconference),  said that  the bill                                                                    
was about  school choice  at the local  level. He  said that                                                                    
the  intent  was  not  for  the charter  school  to  be  the                                                                    
exclusive school at Hooper Bay.                                                                                                 
                                                                                                                                
9:29:34 AM                                                                                                                    
                                                                                                                                
Senator Hoffman noted  that it had been implied  that the K-                                                                    
12 and  charter schools  would have separate  facilities. He                                                                    
wondered where  the charter  school in  Hooper Bay  would be                                                                    
physically located.                                                                                                             
                                                                                                                                
9:29:48 AM                                                                                                                    
                                                                                                                                
Mr. Stone  replied that  the two  schools shared  space. The                                                                    
charter  school was  provided two  classrooms and  the Yupik                                                                    
Cultural  Room. He  thought that  the  charter school  would                                                                    
like to find and finance a separate facility in the future.                                                                     
                                                                                                                                
9:30:45 AM                                                                                                                    
                                                                                                                                
Senator  Wielechowski  asked  whether the  two  schools  had                                                                    
enough funds to operate.                                                                                                        
                                                                                                                                
9:31:32 AM                                                                                                                    
                                                                                                                                
Mr. Stone deferred to Mr. Leavitt.                                                                                              
                                                                                                                                
9:32:10 AM                                                                                                                    
                                                                                                                                
ANDREW LEAVITT, LOWER YUKON  SCHOOL DISTRICT, ANCHORAGE (via                                                                    
teleconference),    provided    some   historical    context                                                                    
concerning how  the charter school was  funded. He explained                                                                    
that,  historically,  the  moment   the  425  threshold  was                                                                    
crossed there would be a  $1 million decrease in funding. He                                                                    
said that the  law was changed to reflect that  if there was                                                                    
only one facility  in a community, and  the numbers exceeded                                                                    
425, the school  still received the two  adjustments. If the                                                                    
community  had a  K-12  school and  a  charter school,  with                                                                    
numbers exceeding  425 combined,  funding would  decrease by                                                                    
$1 million.                                                                                                                     
                                                                                                                                
9:33:36 AM                                                                                                                    
                                                                                                                                
Senator  Wielechowski  asked  whether  the  community  could                                                                    
support two schools under the current foundation formula.                                                                       
                                                                                                                                
9:34:19 AM                                                                                                                    
                                                                                                                                
Mr. Stone  replied that the  intent of the bill  was receive                                                                    
both  adjustments while  maintaining both  a charter  school                                                                    
and a K-12  school. He lamented that the $1  million loss to                                                                    
the funding  formula had significant  impact on  Hooper Bay.                                                                    
The problem could easily be  remedied by adding the language                                                                    
to exclude charter schools.                                                                                                     
                                                                                                                                
9:35:57 AM                                                                                                                    
                                                                                                                                
Co-Chair Bishop  understood that  the $1 million  was spread                                                                    
across the entire school district.                                                                                              
                                                                                                                                
9:36:22 AM                                                                                                                    
                                                                                                                                
Mr.  Stone replied  that it  was district  funding, and  the                                                                    
statute  was  designed  to  include   the  total  number  of                                                                    
students.  He said  that with  charter  schools the  funding                                                                    
followed  the students.  The total  revenue to  the district                                                                    
was affected by the statute.                                                                                                    
                                                                                                                                
9:37:24 AM                                                                                                                    
                                                                                                                                
Senator Wilson asked for more  information about the charter                                                                    
school.  He   wondered  whether  the  school   district  had                                                                    
considered  the statute  and the  possible  loss of  funding                                                                    
when planning to open the charter school.                                                                                       
                                                                                                                                
9:37:52 AM                                                                                                                    
                                                                                                                                
Mr. Stone  replied that  the issue  had been  considered. He                                                                    
said that the bottom line  was that the charter was approved                                                                    
through  a local  decision.  He said  that  the charter  was                                                                    
important well  fitted to  the community  of Hooper  Bay. He                                                                    
said that in the past  the state had provided waivers, which                                                                    
was no longer  the practice. He said that  a special mission                                                                    
school was  not an option  for skirting the  funding penalty                                                                    
while urban schools are allowed school choice.                                                                                  
                                                                                                                                
9:42:12 AM                                                                                                                    
                                                                                                                                
Senator  Hoffman thought  that  if the  statue been  changed                                                                    
previously,   the  state   waivers  would   not  have   been                                                                    
necessary.  He wondered  whether there  would be  two school                                                                    
boards  in Hooper  Bay     one for  the  charter school  and                                                                    
another for the K-12 school.                                                                                                    
                                                                                                                                
9:42:55 AM                                                                                                                    
                                                                                                                                
Mr. Stone replied that there  would be only one school board                                                                    
as charter  schools had to  operate under a  district school                                                                    
board and its  policies. He said that the  charter would not                                                                    
have to follow a district  defined curriculum but would have                                                                    
to operated under board policies specific to Alaska law.                                                                        
                                                                                                                                
9:44:23 AM                                                                                                                    
                                                                                                                                
Co-Chair Bishop OPENED and CLOSED public testimony.                                                                             
                                                                                                                                
9:44:23 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:45:11 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
9:45:11 AM                                                                                                                    
                                                                                                                                
Co-Chair Bishop                                                                                                                 
                                                                                                                                
SB  236  was  HEARD  and   HELD  in  committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
ADJOURNMENT                                                                                                                   
9:45:37 AM                                                                                                                    
                                                                                                                                
The meeting was adjourned at 9:45 a.m.                                                                                          
                                                                                                                                
                                                                                                                                

Document Name Date/Time Subjects
SB 236 Sponsor Statement.pdf SFIN 4/6/2022 9:00:00 AM
SB 236
SB 236 LYSD Letter.pdf SFIN 4/6/2022 9:00:00 AM
SB 236
Confirmations 2022 AMHTA - Agnes Moran Application_Redacted.pdf SFIN 4/6/2022 9:00:00 AM