Legislature(1995 - 1996)

1996-04-16 Senate Journal

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1996-04-16                     Senate Journal                      Page 3316
SB 244                                                                       
CS SENATE BILL NO. 244(FIN) am "An Act relating to school                      
construction grants; relating to state foundation aid and                      
supplementary state aid for education; and providing for an effective          
date" which had been held on reconsideration (page 3246) was                   
before the Senate.                                                             
                                                                               
Senator Salo moved and asked unanimous consent that the Senate                 
return to second reading for the purpose of rescinding its previous            
action in failing to adopt Amendment No. 1 (page 3211).  Senator               
Frank objected.                                                                
                                                                               
The question being: Shall the Senate return to second reading for              
the purpose of rescinding its previous action?  The roll was taken             
with the following result:                                                     
                                                                               
CSSB 244(FIN) am                                                               
Return to Second to Rescind Previous Action                                    
                                                                               
YEAS:  16   NAYS:  4   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman,                  
Kelly, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Torgerson,           
Zharoff                                                                        
                                                                               
Nays:  Frank, Leman, Sharp, Taylor                                             
                                                                               
and so, the bill was returned to second reading.                               
                                                                               
Senator Salo moved that the Senate rescind its previous action in              
failing to adopt Amendment No. 1.  Objections were heard.                      
                                                                               
                                                                               

1996-04-16                     Senate Journal                      Page 3317
SB 244                                                                       
The question being: Shall the Senate rescind its previous action in            
failing to adopt Amendment No. 1?  The roll was taken with the                 
following result:                                                              
                                                                               
CSSB 244(FIN) am                                                               
Rescind Previous Action                                                        
                                                                               
YEAS:  14   NAYS:  6   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman,                  
Kelly, Lincoln, Pearce, R.Phillips, Rieger, Salo, Zharoff                      
                                                                               
Nays:  Frank, Leman, Miller, Sharp, Taylor, Torgerson                          
                                                                               
Green changed from "Nay" to "Yea".                                             
Pearce changed from "Nay" to "Yea".                                            
                                                                               
and so, the Senate rescinded its previous action.                              
                                                                               
The question being: Shall Amendment No. 1 be adopted?  The roll                
was taken with the following result:                                           
                                                                               
CSSB 244(FIN) am                                                               
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  13   NAYS:  7   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Green, Halford, Kelly,                    
Lincoln, R.Phillips, Rieger, Salo, Torgerson, Zharoff                          
                                                                               
Nays:  Frank, Hoffman, Leman, Miller, Pearce, Sharp, Taylor                    
                                                                               
and so, Amendment No. 1 was adopted.                                           
                                                                               
CS FOR SENATE BILL NO. 244(FIN) am was automatically in                        
third reading.                                                                 
                                                                               
Senator Phillips moved that the bill be returned to second reading for         
the purpose of a specific amendment, that being Amendment No. 6.               
Without objection, the bill was returned to second reading.                    
                                                                               
                                                                               

1996-04-16                     Senate Journal                      Page 3318
SB 244                                                                       
Senator Phillips offered Amendment No. 6 :                                      
                                                                               
Page 1, line 1, through page 2, line 25:                                       
	Delete all material and insert:                                               
""An Act relating to transportation of public school students;                
relating to school construction grants; relating to the public                 
school foundation program and to local aid for education; and                  
providing for an effective date."                                              
                                                                               
BE IT ENACTED BY THE LEGISLATURE OF THE STATE                                  
OF ALASKA:                                                                    
   * Section 1.  AS14.09.010(b) is amended to read:                          
	(b)  Each school district mentioned in (a)(1) of this section                 
is entitled to receive reimbursement from the state for the operation          
of the transportation system on a unit cost basis determined by the            
department.  In determining a school district's amount of eligible           
transportation reimbursement under this subsection, the                        
department shall provide the same level of reimbursement for                   
transportation  provided on a motor vehicle owned by the school                
district as for transportation provided on a motor vehicle                     
operated under a contract with the school district.                          
   * Sec. 2.  AS14.11.013(a) is amended to read:                             
	(a)  With regard to projects for which grants are requested                   
under AS14.11.011, the department shall                                        
		(1)  annually review the six-year plans submitted by                         
each district under AS14.11.011(b) and recommend to the board a                
revised and updated six-year capital improvement project grant                 
schedule that serves the best interests of the state and each district;        
in recommending projects for this schedule, the department shall               
verify that each proposed project meets the criteria established under         
AS14.11.014(b) and qualifies as a project required to                          
		(A)  avert imminent danger or correct life-                                 
threatening situations;                                                        
		(B)  house students who would otherwise be                                  
unhoused; for purposes of this subparagraph, students are                    
considered unhoused if the students attend school in                           
temporary relocatable facilities;                                            
		(C)  protect the structure of existing school                               
facilities;                                                                    
                                                                               
                                                                               

1996-04-16                     Senate Journal                      Page 3319
SB 244                                                                       
		(D)  correct building code deficiencies that                                
require major repair or rehabilitation in order for the facility               
to continue to be used for the educational program;                            
		(E)  achieve an operating cost savings;                                     
		(F)  modify or rehabilitate facilities for the                              
purpose of improving the instructional program;                                
		(G)  meet an educational need not specified                                 
in (A) - (F) of this paragraph, identified by the department;                  
		(2)  prepare an estimate of the amount of money                              
needed to finance each project;                                                
		(3)  provide to the governor, by November 1, and                             
to the legislature within the first 10 days of each regular legislative        
session, a revised and updated six-year capital improvement project            
grant schedule, together with a proposed schedule of appropriations.           
   * Sec. 3.  AS14.17.010(a) is amended to read:                             
	(a)  The public school foundation account is established.                     
The account consists of municipal contributions made under                   
AS14.17.025(i) and appropriations for distribution to school                 
districts, the state boarding school, and for centralized correspondence       
study programs under this chapter.                                             
   * Sec. 4.  AS14.17.021(a) is amended to read:                             
	(a)  The amount of state foundation aid for which a school                    
district may qualify in a fiscal year is calculated by subtracting from        
the basic need defined in (b) of this section the required local               
contributions under AS14.17.025(a) and 100 ª90ß percent of eligible        
federal impact aid for that fiscal year.  In a rural educational             
attendance area, the reduction of eligible federal impact aid is in            
lieu of a contribution of funds from local taxes.  The department            
may make adjustments to a district's state foundation aid for a fiscal         
year to correct underpayments made in previous fiscal years.                   
   * Sec. 5.  AS14.17.025(a) is amended to read:                             
	(a)  Local contributions to a city or borough school district                 
		(1)  shall be ªINCLUDE AT LEAST THE LESSER                           
OF                                                                             
		(1)ß  the equivalent of a 4.5 ªFOURß mill tax levy                       
on the full and true value of the taxable real and personal property           
in the district as of January1 of the second preceding fiscal year, as         
determined by the Department of Community and Regional Affairs                 
under AS14.17.140 and AS29.45.110; or                                          
                                                                               
                                                                               

1996-04-16                     Senate Journal                      Page 3320
SB 244                                                                       
		(2)  if the amount determined under (1) of this                            
subsection is greater than the district's basic need for the current           
fiscal year as determined under AS14.17.021(b), shall be ª35                 
PERCENT OFß the district's basic need for the current                       
ªPRECEDINGß fiscal year, asdetermined under AS14.17.021(b).                   
   * Sec. 6.  AS14.17.025 is amended by adding new subsections               
to read:                                                                       
	(i)  A city or borough school district that is required to                    
make a local contribution under (a)(2) of this section shall also pay          
into the public school foundation account an amount determined by              
subtracting the amount under (a)(2) of this section from the amount            
under (a)(1) of this section in that district.                                 
	(j)  In addition to the amount contributed under (a) of this                  
section, a city or borough school district shall make a local                  
contribution that is equal to the amount determined under                      
AS14.17.065(a)(1)(B).                                                          
   * Sec. 7.  AS14.17.031(a) is amended to read:                             
	(a)  The department shall adopt regulations defining funding                  
communities within each district that reflect geographic and                   
attendance area factors, and that include at least 10 students in            
average daily membership.  For the purpose of determining                    
instructional units, students are counted in the district and the              
funding community from which they receive educational services.                
The total number of instructional units in a school district is the sum        
of the following units for each funding community within the                   
district, as determined by the department:                                     
		(1)  the number of units for elementary and                                  
secondary students determined under AS14.17.041(a) or (b);                     
		(2)  the number of units for vocational education                            
determined under AS14.17.043;                                                  
		(3)  the number of units for special education                               
determined under AS14.17.045; ªANDß                                            
		(4)  the number of units for bilingual education                             
determined under AS14.17.047; and                                            
		(5)  the number of units for gifted and talented                             
education determined under AS14.17.048.                                      
   * Sec. 8.  AS14.17.031(b) is amended to read:                             
                                                                               
                                                                               

1996-04-16                     Senate Journal                      Page 3321
SB 244                                                                       
	(b)  If the total elementary and secondary instructional units                
that a school district is eligible to receive under (a) of this section        
decrease by five ª10ß percent or more from one fiscal year to the          
next, the school district may use the last fiscal year before the              
reduction as a base fiscal year and offset its reduction according to          
the following schedule: (1) for the first fiscal year after the base           
fiscal year, the school district is eligible to receive the total              
elementary and secondary instructional units determined under (a)(1)           
of this section plus 75 percent of the difference in total elementary          
and secondary instructional units between the base fiscal year and the         
first fiscal year after the base fiscal year; (2) for the second fiscal        
year after the base fiscal year, the school district is eligible to            
receive the total elementary and secondary instructional units                 
determined under (a)(1) of this section plus 50 percent of the                 
difference in total elementary and secondary instructional units               
between the base fiscal year and the second fiscal year after the base         
fiscal year; (3) for the third fiscal year after the base fiscal year, the     
school district is eligible to receive the total elementary and                
secondary instructional units determined under (a)(1) of this section          
plus 25 percent of the difference in total elementary and secondary            
instructional units between the base fiscal year and the third fiscal          
year after the base fiscal year.  The schedule established in this             
subsection is available to a school district for the three fiscal years        
following the base fiscal year only if the total elementary and                
secondary instructional units received by the school district under            
(a)(1) of this section for each fiscal year are less than the total            
elementary and secondary instructional units received by the school            
district in the base fiscal year.  This subsection does not apply to a         
decrease in total elementary and secondary instructional units                 
resulting from a loss of enrollment that occurs as a result of a               
boundary change under AS29.                                                    
   * Sec. 9.  AS14.17.041(a) is amended to read:                             
	(a)  For funding communities that have an average daily                       
membership of less than 200 in grades K-6 or less than 200 in                  
grades 7-12, combined elementary and secondary instructional units             
are determined under the following table:                                      
                                                                               
                                                                               

1996-04-16                     Senate Journal                      Page 3322
SB 244                                                                       
	ADM				No. Instructional Units                                                
	ª1 - 10				2ß                                                                 
	10 ª11ß - 20			2 + ((ADM-10)/5)                                           
	21 - 60			4 + ((ADM-20)/8)                                                    
	61 - 120			9 + ((ADM-60)/12)                                                  
	121 - 525			14 + ((ADM-120)/15).                                              
   * Sec. 10.  AS14.17.041 is amended by adding a new subsection             
to read:                                                                       
(e)  A district with an ADM of 900 or less that consists of                    
one funding community shall increase the elementary and secondary              
instructional units received under (a) or (b) of this section by               
multiplying the instructional units by a factor determined under the           
following table:                                                               
District ADMFactor                                                             
	   1- 250			  1.12                                                            
	 251- 525			  1.08                                                            
	 526- 900			  1.06.                                                           
   * Sec. 11.  AS14.17.045(a) is amended to read:                            
	(a)  An exceptional child, other than a gifted child, as both           
are defined in AS14.30.350, who is enrolled in a special education           
program, approved by the department, on the last day of the                    
counting period for which a determination is being made, generates             
[0.025 INSTRUCTIONAL UNITS IF THE CHILD RECEIVES                               
GIFTED SERVICES,ß 0.056 instructional units if the child receives              
resource services, 0.1 instructional units if the child receives self-         
contained services, or 0.333 instructional units if the child receives         
intensive or hospital/homebound services, as those categories of               
service are defined by the department by regulation, in the funding            
community in which the child is served.  A child may be counted                
in one special education category only.                                        
   * Sec. 12.  AS14.17.045(b) is amended to read:                            
	(b)  Notwithstanding (a) of this section, in a district that                  
offers a special education program for exceptional children other            
than gifted children, as both are defined in AS14.30.350, each               
funding community receives a minimum of 0.25 instructional units               
for special education for each funding community in which such a           
child is served or the district receives a minimum of 1.00                     
instructional units for special education, whichever is greater.               
   * Sec. 13.  AS14.17.047 is amended to read:                               
                                                                               
                                                                               

1996-04-16                     Senate Journal                      Page 3323
SB 244                                                                       
	Sec. 14.17.047.  BILINGUAL EDUCATION                                          
INSTRUCTIONAL UNITS.  A student for whom an appropriate                        
bilingual program must be provided under regulations adopted by the            
department, and who is enrolled in a bilingual program, approved by            
the department, as of the last day of the counting period for which            
a determination is being made, generates, in the funding community             
in which the student is served, 0.021 instructional units ªTHE             
NUMBER OF BILINGUAL EDUCATION INSTRUCTIONAL                                    
UNITS THAT IS THE PRODUCT OBTAINED BY MULTIPLYING                              
0.042 BY THE STUDENTS LANGUAGE DOMINANCE                                       
CATEGORY WEIGHT UNDER DEPARTMENT REGULATIONSß.                                 
A funding community in which a bilingual program approved by the               
department is operated receives a minimum of 0.10 instructional units          
for bilingual education, or a district in which a bilingual program is         
operated receives a minimum of 1.00 instructional units, whichever             
is greater.                                                                    
   * Sec. 14.  AS14.17 is amended by adding a new section to                 
read:                                                                          
	Sec. 14.17.048.  GIFTED AND TALENTED                                          
INSTRUCTIONAL UNITS.  Gifted and talented instructional units                  
for a funding community in a district are calculated by                        
		(1)  multiplying by .045 the elementary and                                  
secondary student enrollment in the funding community on the last              
day of the student counting period under AS14.17.160; and                      
		(2)  multiplying the product obtained under (1) of                           
this section by a supplemental revenue weighting factor specified in           
regulations adopted by the department.                                        
   * Sec. 15.  AS14.17 is amended by adding a new section to                  
read:                                                                          
	Sec. 14.17.065.  SUPPLEMENTAL EQUALIZATION AID.                               
(a)  In addition to state foundation aid for which a district may              
qualify under AS14.17.021, a school district is eligible to receive            
supplemental equalization funds as follows:                                    
		(1)  in a city or borough school district,                                   
supplemental equalization aid is equal to a                                    
		(A)  state share under the following formula:                               
		funding = Vs/(Vs + Vi) x Vs x 2.5 mills x                                   
District ADM;                                                                  
		(B)  local share under the following formula:                               
		funding = Vs x 2.5 mills x District ADM -                                   
the amount determined under (A) of this paragraph;                             

1996-04-16                     Senate Journal                      Page 3324
SB 244                                                                       
		(2)  in a regional educational attendance area,                              
supplemental equalization aid is equal to the amount determined                
under the formula provided under (1)(A) of this subsection in that             
regional educational attendance area.                                          
	(b)  In this section,                                                         
		(1)  "Vi" means the amount determined by dividing                            
the full and true value of the taxable real and personal property in           
the district as calculated under AS14.17.140 and AS29.45.110 by                
the District ADM for the same fiscal year for which the valuation of           
real and personal property was made;                                           
		(2)  "Vs" means the amount determined by dividing                            
the sum of the property valuations of all districts in the state by the        
total ADM of all districts in the state.                                       
   * Sec. 16.  AS14.17.080 is amended to read:                               
	Sec. 14.17.080.  STUDENT COUNT ESTIMATES.  Each                               
district shall prepare and submit to the department, by November20         
[OCTOBER15ß of each fiscal year, in the manner and on forms                    
prescribed by the department, an estimate of its average daily                 
membership and other student count data for the succeeding fiscal              
year, upon which computations can be made of the amount of                     
estimated state foundation aid for which the district will be eligible         
under AS14.17.021 in that fiscal year. In making this estimate for           
the succeeding fiscal year, the district shall consider its average          
daily membership in the current fiscal year, other student count           
data, the pattern of growth or decline in preceding years, and other           
pertinent information available to the district. The preliminary reports       
required by this section are the basis for estimating the need for state       
foundation aid for the next fiscal year.                                       
   * Sec. 17.  AS14.17.160(b) is amended to read:                            
	(b)  Upon written request and for good cause shown, the                       
commissioner may permit a district to use a 20-school-day counting             
period from the same school year other than the periods set out in         
(a) of this section.  However, the counting period must be 20                  
consecutive school days.                                                       
   * Sec. 18.  TRANSITION:  REGULATIONS.  The Department                     
of Education may immediately proceed to adopt regulations necessary            
to implement this Act.  The regulations take effect under the                  
Administrative Procedure Act, but not before July1, 1996.                      
   * Sec. 19.  Section 18 of this Act takes effect immediately under         
AS01.10.070(c).                                                                
                                                                               

1996-04-16                     Senate Journal                      Page 3325
SB 244                                                                       
   * Sec. 20.  Except as provided in sec. 19 of this Act, this Act           
takes effect July1, 1996."                                                     
                                                                               
Senator Phillips moved for the adoption of Amendment No. 6.                    
Senator Adams objected.                                                        
                                                                               
The question being: Shall Amendment No. 6 be adopted?  The roll                
was taken with the following result:                                           
                                                                               
CSSB 244(FIN) am                                                               
Second Reading                                                                 
Amendment No. 6                                                                
                                                                               
YEAS:  10   NAYS:  10   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Donley, Green, Halford, Kelly, Leman, R.Phillips, Rieger,               
Sharp, Taylor, Torgerson                                                       
                                                                               
Nays:  Adams, Duncan, Ellis, Frank, Hoffman, Lincoln, Miller,                  
Pearce, Salo, Zharoff                                                          
                                                                               
and so, Amendment No. 6 failed.                                                
                                                                               
CS FOR SENATE BILL NO. 244(FIN) am was automatically in                        
third reading.                                                                 
                                                                               
Senator Halford moved that the bill be returned to second reading for          
the purpose of a specific amendment, that being Amendment No. 7.               
Without objection, the bill was returned to second reading.                    
                                                                               
Senator Halford offered Amendment No. 7 :                                       
                                                                               
Add new section 4:                                                             
	Notwithstanding any other provision of law AS 14.17 shall                     
not be applied for funding public education after June 30, 1997.               
                                                                               
Renumber remaining sections.                                                   
                                                                               
Senator Halford moved for the adoption of Amendment No. 7.                     
Senator Duncan objected.                                                       
                                                                               
                                                                               

1996-04-16                     Senate Journal                      Page 3326
SB 244                                                                       
The question being: Shall Amendment No. 7 be adopted?  The roll                
was taken with the following result:                                           
                                                                               
CSSB 244(FIN) am                                                               
Second Reading                                                                 
Amendment No. 7                                                                
                                                                               
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Donley, Green, Halford, Kelly, Leman, Miller, Pearce,                   
R.Phillips, Rieger, Sharp, Taylor, Torgerson                                   
                                                                               
Nays:  Adams, Duncan, Ellis, Frank, Hoffman, Lincoln, Salo, Zharoff            
                                                                               
and so, Amendment No. 7 was adopted.                                           
                                                                               
CS FOR SENATE BILL NO. 244(FIN) am was automatically in                        
third reading.                                                                 
                                                                               
The question to be reconsidered: Shall CS SENATE BILL NO.                      
244(FIN) am "An Act relating to transportation of public school                
students; relating to school construction grants; relating to state            
foundation aid and supplementary state aid for education; and                  
providing for an effective date" pass the Senate?  The roll was                
taken with the following result:                                               
                                                                               
CSSB 244(FIN) am                                                               
Third Reading - On Reconsideration                                             
                                                                               
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Frank, Halford, Hoffman,                  
Lincoln, Miller, Pearce, Salo, Zharoff                                         
                                                                               
Nays:  Green, Kelly, Leman, R.Phillips, Rieger, Sharp, Taylor,                 
Torgerson                                                                      
                                                                               
and so, CS FOR SENATE BILL NO. 244(FIN) am passed the                          
Senate on reconsideration.                                                     
                                                                               
Senator Halford moved the effective date clause.                               
                                                                               
                                                                               

1996-04-16                     Senate Journal                      Page 3327
SB 244                                                                       
The question being: Shall the effective date clause be adopted?                
The roll was taken with the following result:                                  
                                                                               
CSSB 244(FIN) am                                                               
Effective Date Vote                                                            
                                                                               
YEAS:  18   NAYS:  2   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Frank, Green, Halford,                    
Hoffman, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo,             
Sharp, Torgerson, Zharoff                                                      
                                                                               
Nays:  Kelly, Taylor                                                           
                                                                               
and so, the effective date clause was adopted and the bill was                 
referred to the Secretary for engrossment.