Legislature(2023 - 2024)SENATE FINANCE 532

02/14/2024 01:30 PM Senate FINANCE

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01:45:17 PM Start
01:45:52 PM SB132
02:47:11 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Please Note Time Change --
+ SB 132 EMPLOYMENT TAX FOR EDUCATION FACILITIES TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
-- <Time Limit May Be Set> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
SENATE BILL NO. 132                                                                                                           
                                                                                                                                
     "An Act imposing an annual educational facilities                                                                          
     maintenance and construction tax on net earnings from                                                                      
     self-employment    and   wages;    relating   to    the                                                                    
     administration  and  enforcement   of  the  educational                                                                    
     facilities  maintenance   and  construction   tax;  and                                                                    
     providing for an effective date."                                                                                          
                                                                                                                                
1:45:52 PM                                                                                                                    
                                                                                                                                
Co-Chair Olson relayed that it  was the first hearing for SB
132.                                                                                                                            
                                                                                                                                
1:46:32 PM                                                                                                                    
                                                                                                                                
Senator Click  Bishop, Sponsor,  offered an  introduction to                                                                    
the   bill  by   reminding  that   the  legislature   had  a                                                                    
constitutional  obligation  to  provide quality  and  public                                                                    
education for  Alaskas  children. He recounted  that he came                                                                    
from the private sector in  the construction industry before                                                                    
coming to Juneau  as the commissioner for  the Department of                                                                    
Labor and  Workforce Development (DLWD). He  emphasized that                                                                    
deferred maintenance was a liability  in the private sector.                                                                    
He   noted  that   the  states    deferred  maintenance   in                                                                    
education, on the major maintenance  list, and on the school                                                                    
construction  list  was monumental.  He  cited  that in  the                                                                    
current year  the major maintenance  list for all  funds was                                                                    
about $330  million. The school  construction list  was $395                                                                    
million. He  asserted that  the bill would  be a  small step                                                                    
forward to start reducing the list.                                                                                             
                                                                                                                                
Senator  Bishop   noted  that   he  represented   10  school                                                                    
districts and  had heard that  districts were having  to cut                                                                    
maintenance hours in  half in order to  maintain teachers in                                                                    
the classroom. Money was being  taken from classrooms to fix                                                                    
leaky roofs. He thought the  committee was well aware of the                                                                    
issue.  The  University  of  Alaska   (UA)  had  a  deferred                                                                    
maintenance list of  $1.45 billion. He cited  that the total                                                                    
figure  for educational  facilities  in  Alaska between  the                                                                    
three lists was $2.18 billion.                                                                                                  
                                                                                                                                
1:49:50 PM                                                                                                                    
                                                                                                                                
Senator Bishop  continued his remarks. He  referenced Alaska                                                                    
Economic  Trends magazine  [published by  the Department  of                                                                    
Labor and Workforce Development.]  He told an anecdote about                                                                    
learning that  part of his  payroll deductions  went towards                                                                    
school. He noted  that the bill had  been introduced several                                                                    
times. The  employment tax for  education had  been repealed                                                                    
in  1980  and  had  been  introduced  15  times  since,  not                                                                    
counting his four  attempts. He thought Alaska  had the best                                                                    
research and analysis division of  any state in the country.                                                                    
He  mentioned  the  current economic  trends  magazine  that                                                                    
referenced  non-resident employment.  Data showed  20 to  21                                                                    
percent  non-resident  wages,  which resulted  in  about  $3                                                                    
billion  leaving the  state. He  surmised  that the  out-of-                                                                    
state  workers   were  being  taxed   most  likely   had  to                                                                    
contribute  towards taxes  for education  at their  place of                                                                    
residence.  He  mentioned work  on  the  North Slope  and  a                                                                    
positive  outlook  for the  state.  He  thought wages  would                                                                    
continue to rise.                                                                                                               
                                                                                                                                
1:54:37 PM                                                                                                                    
                                                                                                                                
JOHN BITNEY,  STAFF FOR SENATOR CLICK  BISHOP, discussed the                                                                    
specific  provisions  of  the   bill.  He  offered  a  quick                                                                    
synopsis  in that  SB 132  proposed to  revive the  head tax                                                                    
that was  repealed in 1980.  The tax would collect  $30 from                                                                    
each  person employed  in the  state and  would be  withheld                                                                    
from each employees  first paycheck  of the year. The amount                                                                    
would be deductible from federal  income taxes. He indicated                                                                    
that according  to the fiscal  notes, the bill  was expected                                                                    
to generate about  $14 million per year.  There was language                                                                    
in the  bill that  marked the disposition  of the  funds for                                                                    
the  Educational  Facilities  Maintenance  and  Construction                                                                    
Fund.  The  fund  was  within   the  General  Fund  and  was                                                                    
available for  school construction and maintenance  and also                                                                    
for UA.  He thanked  the Department  of Labor  and Workforce                                                                    
Development for its assistance.                                                                                                 
                                                                                                                                
Mr. Bitney read from a Sectional Analysis (copy on file):                                                                       
                                                                                                                                
     Alaska    Education   Facilities,    Maintenance,   and                                                                    
     Construction Tax                                                                                                           
                                                                                                                                
     Section 1  amends AS 23.05.060  relating to  the powers                                                                    
     of the  Department of  Labor and  Workforce Development                                                                    
     by adding  a new subsection allowing  the department to                                                                    
     collect  the  tax   if  requested  to  do   so  by  the                                                                    
     Department of Revenue.                                                                                                     
                                                                                                                                
     Section 2 adds a new chapter to AS 43 creating the                                                                         
     Education Facilities Maintenance and Construction                                                                          
     Tax.                                                                                                                       
          •  Sec.  43.45.011  authorizes the  Department  of                                                                    
          Revenue  to levy  a tax  of $30  on wages  and net                                                                    
          earnings from self-employment  on all individuals,                                                                    
          both resident and nonresident,  with income from a                                                                    
          source in Alaska.                                                                                                     
          •  Sec. 43.45.021  requires employers  to withhold                                                                    
          the tax  from an employee's first  paycheck of the                                                                    
          calendar  year.  Failure  to submit  the  tax  may                                                                    
          result in a civil  penalty imposed on the employer                                                                    
          in an  amount up  to five times  the tax  due. The                                                                    
          Department  of  Revenue  shall  adopt  regulations                                                                    
          regarding  the  payment  and  maintenance  of  tax                                                                    
          records. Finally, the  Department of Revenue shall                                                                    
          coordinate  with  the   Department  of  Labor  and                                                                    
          Workforce  Development to  collect and  report the                                                                    
          tax  in a  manner similar  to employment  security                                                                    
          contributions if  it will  result in  cost savings                                                                    
          for the state.                                                                                                        
          •    Sec.    43.45.031   requires    self-employed                                                                    
          individuals  to remit  the tax  due in  accordance                                                                    
          with  regulations  adopted  by the  Department  of                                                                    
          Revenue.                                                                                                              
          •  Sec. 43.45.041  outlines  the  process for  the                                                                    
          refund of overpayments.                                                                                               
          • Sec.  43.45.051 requires a  person to  report to                                                                    
          the Department of Revenue any  payments to a self-                                                                    
          employed  individual if  the same  is required  by                                                                    
          the Internal Revenue Service.                                                                                         
          •   Sec.  43.45.061   establishes  the   education                                                                    
          facilities maintenance and  construction fund as a                                                                    
          separate account in the general fund.                                                                                 
          • Sec.  43.45.099 establishes the  definitions for                                                                    
          key terms.                                                                                                            
                                                                                                                                
     Section 3 is uncodified law pertaining to the adoption                                                                     
     and implementation of regulations by the Department of                                                                     
     Revenue.                                                                                                                   
                                                                                                                                
     Section 4 provides an immediate effective date for                                                                         
     section 3, the adoption of regulations.                                                                                    
                                                                                                                                
     Section 5 provides an effective date of January 1,                                                                         
     2024 for all other sections of the bill.                                                                                   
                                                                                                                                
1:59:19 PM                                                                                                                    
                                                                                                                                
Mr. Bitney  discussed a  presentation entitled  "Senate Bill                                                                    
132 - Education  Head Tax Introduction," (copy  on file). He                                                                    
showed  slide  4,  "Where  the  money  goes,"  which  showed                                                                    
details  about the  Educational  Facilities Maintenance  and                                                                    
Construction  Fund, where  the bill  proposed to  direct tax                                                                    
revenue  to  designate  the  funds  for  school  maintenance                                                                    
construction  and facilities  of  UA.  Mr. Bitney  continued                                                                    
discussing  the  Sectional  Analysis.   He  noted  that  the                                                                    
proposed effective  date had passed and  would possibly have                                                                    
to be updated before the bill advanced.                                                                                         
                                                                                                                                
Senator Merrick asked why the  head tax had been repealed in                                                                    
1980.                                                                                                                           
                                                                                                                                
Senator Bishop  was not  certain. He  suggested that  at the                                                                    
time the legislature was considering  a repeal of the income                                                                    
tax, while  Prudhoe Bay was  increasing production,  and the                                                                    
North  Slope was  online. He  thought  Co-Chair Hoffman  had                                                                    
been present at the time.                                                                                                       
                                                                                                                                
Co-Chair  Olson reminded  that the  atmosphere in  the state                                                                    
had  been positive  because  of large  leases  on the  North                                                                    
Slope, and the taxes were not necessary.                                                                                        
                                                                                                                                
2:02:00 PM                                                                                                                    
                                                                                                                                
Senator  Kiehl asked  about the  definition  of a  part-time                                                                    
state resident or part-year state  resident. He asked if the                                                                    
definition was in statute or if it needed to be.                                                                                
                                                                                                                                
Mr. Bitney noted that the  definitions were not in the bill.                                                                    
He  thought the  bill  language referenced  wages that  were                                                                    
earned in the state.                                                                                                            
                                                                                                                                
Co-Chair  Olson thought  there  were  definitions from  past                                                                    
legislation.                                                                                                                    
                                                                                                                                
Senator Kiehl wanted to ensure  that any workers in seasonal                                                                    
jobs were  excluded from paying  the tax, while  excluding a                                                                    
self-employed individual that was  in the state on vacation.                                                                    
He thought the amount of money  proposed to be raised by the                                                                    
bill  would  not  handle the  states   deferred  maintenance                                                                    
backlogs,  nor  current  maintenance  needs.  He  asked  the                                                                    
sponsor  to  discuss  the decision  of  the  current  dollar                                                                    
amount in the bill.                                                                                                             
                                                                                                                                
Senator Bishop  thought it was necessary  to start somewhere                                                                    
and  recalled that  the same  number  had been  in the  bill                                                                    
proposed in  2015. He thought  the number had  been adjusted                                                                    
for inflation from when the original tax had been repealed.                                                                     
                                                                                                                                
Senator  Bishop  cited  that   currently  there  were  about                                                                    
390,465 employed individuals in the state.                                                                                      
                                                                                                                                
Senator Kiehl read the bill  language, and considered that a                                                                    
person living  on a trust fund  would not be subject  to the                                                                    
tax.  He wondered  if the  exclusion had  been a  tax policy                                                                    
decision or if it was due to the difficulty of collection.                                                                      
                                                                                                                                
Senator  Bishop  relayed  that  the   bill  was  in  aid  of                                                                    
revitalizing territorial  intent and that the  exclusion was                                                                    
not factored into the bill design.                                                                                              
                                                                                                                                
Senator Wilson noted  that there was a fiscal  note from the                                                                    
Department of  Revenue (DOR)  and a  fiscal note  from DLWD,                                                                    
and thought the  notes were vastly different  with regard to                                                                    
collection of the tax and the  cost to do so. He pointed out                                                                    
differences in  the estimated fiscal  impact wondered  if it                                                                    
would be  better for DLWD  to do all the  collection because                                                                    
it appeared much less expensive.                                                                                                
                                                                                                                                
Senator Bishop suggested Senator  Wilson's question be posed                                                                    
to the departments. He did  not disagree with Senator Wilson                                                                    
and thought DLWD could do the work more cost effectively.                                                                       
                                                                                                                                
2:08:04 PM                                                                                                                    
                                                                                                                                
BRANDON  SPANOS,   TAX  DIRECTOR,  DEPARTMENT   OF  REVENUE,                                                                    
addressed  Senator Wilson's  question and  relayed that  DOR                                                                    
had a  very modern and robust  tax revenue system of  any of                                                                    
the  50  states. He  mentioned  paying  taxes via  a  mobile                                                                    
device.  He  mentioned  the  improvement  in  reporting.  He                                                                    
described that the  cost shown in the fiscal note  was for a                                                                    
new  module  for  the  tax  revenue  management  system.  He                                                                    
acknowledged that the  new system was costly  but noted that                                                                    
the department was very happy with the end product.                                                                             
                                                                                                                                
Mr. Spanos  commented that if  a resident of Alaska  were to                                                                    
pay an  income tax, he  would prefer it  to be as  simple as                                                                    
possible.  He mentioned  that the  Internal Revenue  Service                                                                    
(IRS) was  doing a  beta program in  12 states  and excluded                                                                    
Alaska  because 1099  forms were  issued  for the  Permanent                                                                    
Fund Dividend (PFD). The beta  program was called Free File.                                                                    
The  program was  intended to  allow taxpayers  to file  for                                                                    
free  through the  IRS website  rather than  paying a  third                                                                    
party.  The  program would  be  expanded  to all  states  if                                                                    
Congress continued  the funding. He  noted that if  the bill                                                                    
were to  pass, it would  be a  simple thing to  file through                                                                    
the existing system.                                                                                                            
                                                                                                                                
Senator Wilson  considered the personnel cost,  which seemed                                                                    
to be  very different between  the two fiscal notes.  He did                                                                    
not see  how there  would be  vastly different  fiscal notes                                                                    
for a  similar service,  beyond the technology.  He wondered                                                                    
why  the DOR  note was  so much  more costly  than the  DLWD                                                                    
note.                                                                                                                           
                                                                                                                                
Mr. Spanos  appreciated Senator Wilson's question.  He noted                                                                    
that there was  no other state with a comparable  tax, so it                                                                    
was  difficult to  compare. He  relayed that  the department                                                                    
had  talked   to  other  states  about   similar  taxes.  He                                                                    
considered the  taxpayer base and 8  employees to administer                                                                    
a  tax  for 400,000  people.  He  referenced the  number  of                                                                    
employees  necessary to  administer  the  PFD. He  mentioned                                                                    
self-employed  individuals, individuals  with more  than one                                                                    
job, and  other circumstances that would  call for technical                                                                    
assistance and potential refunds.                                                                                               
                                                                                                                                
2:13:37 PM                                                                                                                    
                                                                                                                                
Senator Kiehl asked if Mr.  Spanos  comments were the reason                                                                    
for the difference in cost between the two fiscal notes.                                                                        
                                                                                                                                
Mr.  Spanos  could  not  speak to  DLWD's  fiscal  note.  He                                                                    
explained  that  DOR's note  used  income  statics and  U.S.                                                                    
taxpayer information  to develop the analysis  and formulate                                                                    
the cost and revenue estimates.                                                                                                 
                                                                                                                                
Senator Kiehl asked if there was a  typo in FY 29, or a bump                                                                    
in the expense.                                                                                                                 
                                                                                                                                
Mr. Spanos  noted that  the department  had submitted  a new                                                                    
fiscal note  and had addressed  the item in the  fiscal note                                                                    
analysis.  He explained  that  there  were necessary  system                                                                    
upgrades required  every few years,  and the  system upgrade                                                                    
cost was reflected in the fiscal note.                                                                                          
                                                                                                                                
Senator Kiehl  asked if the  system upgrade was unique  to a                                                                    
head tax module, or if the  cost was a portion of the period                                                                    
upgrade of the entire tax system.                                                                                               
                                                                                                                                
Mr. Spanos relayed  that there was no separate  cost for one                                                                    
module, but the  amount reflected the cost  of a stand-alone                                                                    
module. The cost would apply to the system as a whole.                                                                          
                                                                                                                                
Senator Kiehl asked if the  cost was specifically attributed                                                                    
to  passage of  the bill  or if  the cost  would to  be paid                                                                    
regardless of the legislation.                                                                                                  
                                                                                                                                
Mr. Spanos  relayed that there  was currently no  budget for                                                                    
the  cost, and  the department  had to  request the  upgrade                                                                    
when the  time came. With a  broad-based tax of the  size in                                                                    
the bill, the  department added the cost to  the fiscal note                                                                    
to reflect how much it would cost to administer the tax.                                                                        
                                                                                                                                
Senator Wilson asked  about having the module  built for $10                                                                    
million and paying another $7  million to upgrade the system                                                                    
in four years.                                                                                                                  
                                                                                                                                
Mr. Spanos  explained that  the cost  for the  upgrade would                                                                    
occur as often as was  possible. The recommendation from the                                                                    
vendor was to do the upgrade once every five years.                                                                             
                                                                                                                                
Senator Wilson asked  how much revenue would  be earned each                                                                    
year.                                                                                                                           
                                                                                                                                
Mr. Spanos cited that the  revenue would be $14.3 million in                                                                    
the first full year after implementation.                                                                                       
                                                                                                                                
Senator Wilson asked  if the state would be  losing half the                                                                    
anticipated revenue every four years.                                                                                           
                                                                                                                                
Mr.  Spanos explained  that there  would  be a  cost to  the                                                                    
system, and it was not dependent upon the revenue raised.                                                                       
                                                                                                                                
Senator  Wilson thought  the  administrative  cost would  be                                                                    
about  half  of  the  yearly   projected  revenue  from  the                                                                    
proposed tax. He asked if he made an accurate statement.                                                                        
                                                                                                                                
Mr. Spanos answered,   If this is the way you  would like us                                                                    
to administer it, then yes.                                                                                                     
                                                                                                                                
Co-Chair  Olson thought  that revenue  amounts  were only  a                                                                    
projection, and  the real cost  and revenue was  not exactly                                                                    
known.                                                                                                                          
                                                                                                                                
2:18:28 PM                                                                                                                    
                                                                                                                                
Senator Kiehl  thought he heard  the answer  differently. He                                                                    
thought  that  every  four  or   five  years,  the  cost  of                                                                    
upgrading  the  entire system  would  be  attributed to  the                                                                    
proposed tax in the bill.                                                                                                       
                                                                                                                                
Senator Bishop  thought Senator  Kiehl had  done a  good job                                                                    
with his comment. He wanted to  know the cost of upgrades to                                                                    
the system that collected oil  and gas tax revenue. He asked                                                                    
about the system model.                                                                                                         
                                                                                                                                
Mr. Spanos  relayed that  the DOR  did not  have a  plan for                                                                    
updating the  system every few years.  The original contract                                                                    
had  only  included  implementation  costs  and  a  one-year                                                                    
service  cost. There  was no  revenue in  the budget  at the                                                                    
time  to pay  for  ongoing services  after  five years.  The                                                                    
department had  requested original  funding and  had updated                                                                    
the  base  budget  to  maintain   the  system.  The  current                                                                    
governors   budget   reflected  an  additional   amount  for                                                                    
increased costs.  He noted that  there had been  one upgrade                                                                    
from  the original  rollout in  2014, with  an appropriation                                                                    
from the legislature.                                                                                                           
                                                                                                                                
Senator Bishop commented that he  would like he preferred to                                                                    
refer  to  the proposed  tax  as  the  education  facilities                                                                    
maintenance  and construction  tax,  and  noted that  it was                                                                    
not an income tax.                                                                                                              
                                                                                                                                
Co-Chair Olson  asked if the  funds collected would  be used                                                                    
for school construction and maintenance.                                                                                        
                                                                                                                                
Senator  Bishop answered  affirmatively and  noted that  the                                                                    
funds would also be used for UA deferred maintenance.                                                                           
                                                                                                                                
2:21:54 PM                                                                                                                    
                                                                                                                                
PALOMA  HARBOUR,   DIRECTOR,  DIVISION  OF   EMPLOYMENT  AND                                                                    
TRAINING  SERVICES,   DEPARTMENT  OF  LABOR   AND  WORKFORCE                                                                    
DEVELOPMENT,  introduced herself  and noted  that she  would                                                                    
address questions to the departments fiscal note.                                                                               
                                                                                                                                
Co-Chair Olson asked if Ms.  Harbor wanted to comment on the                                                                    
previous discussion  about revenue and maintenance  costs as                                                                    
pointed out by Mr. Spanos.                                                                                                      
                                                                                                                                
Ms.  Harbour relayed  that currently  DLWD had  a mainframe-                                                                    
based tax  system for the unemployment  insurance tax, which                                                                    
could be  programmed to collect the  additional tax proposed                                                                    
in  the  bill.  The  system  was  less  expensive,  but  she                                                                    
considered that  the system was  outdated and  used decades-                                                                    
old  programming   language.  The  department   was  looking                                                                    
towards a  system upgrade and  had a capital request  in the                                                                    
FY  25   budget  to  start  the   preliminary  work  towards                                                                    
modernizing  the system.  She  emphasized  that the  project                                                                    
would be  expensive. She reiterated that  DOLWDs  system was                                                                    
outdated,  and  although easier  to  program  was harder  to                                                                    
maintain. She contrasted  that DOR had a  modern system that                                                                    
could  accommodate  the  new  tax   but  did  come  with  an                                                                    
associated cost.                                                                                                                
                                                                                                                                
Senator  Wilson asked  for  a ballpark  figure  cost of  the                                                                    
modernization for the DLWD system.                                                                                              
                                                                                                                                
Ms.  Harbour did  not have  a ballpark  figure to  offer but                                                                    
noted  that   there  was  a  current   capital  request  for                                                                    
approximately $450,000  to do the as-built  documentation to                                                                    
assess  the  programming  before  going  out  to  solicit  a                                                                    
replacement system.                                                                                                             
                                                                                                                                
Senator Kiehl  trusted that DLWD  would include the  cost of                                                                    
licensing  and periodic  upgrades. He  asked if  Ms. Harbour                                                                    
could speak  to the difference in  revenue estimates between                                                                    
the  two fiscal  notes. He  observed that  the DOLWD  fiscal                                                                    
note showed  about $10  million including  a guess  on self-                                                                    
employment, which DORs note showed at about $14 million.                                                                        
                                                                                                                                
Ms. Harbour relayed  that the fiscal note  she submitted for                                                                    
DLWD had  not included  a revenue estimate,  as DOR  had the                                                                    
tax information to do a better estimation.                                                                                      
                                                                                                                                
Senator Kiehl relayed  that he would determine  where he got                                                                    
the figure.                                                                                                                     
                                                                                                                                
Ms. Harbour  believed that the  previous year DLWD  may have                                                                    
submitted a fiscal note with  a revenue estimate, but it had                                                                    
not been based on tax data.                                                                                                     
                                                                                                                                
2:25:35 PM                                                                                                                    
                                                                                                                                
DAN  ROBINSON,  CHIEF  ECONOMIST, DEPARTMENT  OF  LABOR  AND                                                                    
WORKFORCE DEVELOPMENT,  introduced himself and  relayed that                                                                    
he  was prepared  to answer  questions  about a  statutorily                                                                    
required report on resident and  non-resident workers in the                                                                    
state. He  noted that  there was  an abbreviated  version in                                                                    
the   February  issue   of   the   Alaska  Economic   Trends                                                                    
publication. He referenced  the report "Nonresidents Working                                                                    
in Alaska 2022" (copy on file).                                                                                                 
                                                                                                                                
Co-Chair Olson thought Senator  Bishop had mentioned roughly                                                                    
395,000 workers,  and asked if  it was close to  the numbers                                                                    
that Mr. Robinsons department had come up with.                                                                                 
                                                                                                                                
Mr. Robinson relayed that the  report that was just released                                                                    
was  for  2022,  because  of  the time  taken  for  the  PFD                                                                    
applications  to  be  matched  with the  wage  records.  The                                                                    
report showed  316,809 residents, and  86,368 non-residents.                                                                    
He  noted  that non-residents  were  defined  as not  having                                                                    
applied  for   the  PFD,  for  which   there  were  rigorous                                                                    
residency  standards including  living  in the  state for  a                                                                    
full calendar year.                                                                                                             
                                                                                                                                
Co-Chair Olson asked  if Mr. Robinson could  comment on what                                                                    
the revenue forecast might be for the proposed tax.                                                                             
                                                                                                                                
Mr.  Robinson  mentioned  discussions with  DOR  and  worker                                                                    
counts relevance to tax revenue potential.                                                                                      
                                                                                                                                
Co-Chair  Olson considered  the  implementation  of the  new                                                                    
program, computer  upgrades, and potential tax  revenues and                                                                    
wondered if it was true  that half the potential tax revenue                                                                    
would be used for system upgrades and maintenance.                                                                              
                                                                                                                                
Mr. Robinson relayed that he had no awareness of the issue.                                                                     
                                                                                                                                
2:28:31 PM                                                                                                                    
                                                                                                                                
DR.  MADELINE   AGUILLARD,  SUPERINTENDENT,   KUSPUK  SCHOOL                                                                    
DISTRICT,  discussed   a  presentation  entitled   "SB  132:                                                                    
Employment Tax for Education Facilities" (copy on file).                                                                        
                                                                                                                                
Dr. Aguillard  spoke to  slide 2, "Alaska  Schools    by the                                                                    
numbers":                                                                                                                       
                                                                                                                                
     131,212 students                                                                                                           
                                                                                                                                
     53 school districts In business terms, largest                                                                             
     employer in most communities                                                                                               
                                                                                                                                
     452 school facilities 55% are >40 years old                                                                                
                                                                                                                                
Dr.  Aguillard  referenced  slide  3,  "Ongoing  Challenges:                                                                    
Deferred maintenance":                                                                                                          
                                                                                                                                
     Growing maintenance needs, limited state funding                                                                           
     - Average building age: 42 years                                                                                           
     - 71 buildings are over 60 years old                                                                                       
                                                                                                                                
     Current backlog:                                                                                                           
     Over $300 million and growing                                                                                              
                                                                                                                                
Dr. Aguillard commented that she came from a very small                                                                         
school district and noted that there were 9 buildings and 7                                                                     
schools.                                                                                                                        
                                                                                                                                
Dr. Aguillard discussed slide 4, "Jack Egnaty Senior                                                                            
School: Sleetmute, AK":                                                                                                         
                                                                                                                                
     K-12 school - 45 years old                                                                                                 
     17 students                                                                                                                
     250 miles west of Anchorage along the Kuskokwim River                                                                      
     Only accessible by air or river travel                                                                                     
     Community of 75 people                                                                                                     
                                                                                                                                
Dr. Aguillard noted that her district had multiple schools                                                                      
on the major maintenance list.                                                                                                  
                                                                                                                                
2:31:01 PM                                                                                                                    
                                                                                                                                
Dr. Aguillard reviewed slide 5:                                                                                                 
                                                                                                                                
     Capital   Improvement    Project:   Major   Maintenance                                                                    
     application submitted for 14 years.                                                                                        
                                                                                                                                
     FY24 rank: 15th (after appeal)                                                                                             
     FY25 rank: 23rd                                                                                                            
                                                                                                                                
     -Immediate  safety concerns  prompted  the district  to                                                                    
     contract LCG  Lantech Inc. during  the fall of  2023 to                                                                    
     evaluate  the  integrity  and damaged  portion  of  the                                                                    
     foundation and structure of the school.                                                                                    
                                                                                                                                
     Amount Requested: $1,608,442                                                                                               
                                                                                                                                
     "There  was  a noticeable  increase  in  the damage  to                                                                    
     several of the  walls and the foundations  based on the                                                                    
     photos provided in the original DEED report from 2021.                                                                     
                                                                                                                                
     This  indicates  that  the structure  is  deteriorating                                                                    
     quickly, increasing  the potential  for a  collapse." -                                                                    
     LCG Lantech Inc Nov. 2023                                                                                                  
                                                                                                                                
Dr.  Aguillard mentioned  major health  and safety  concerns                                                                    
and closing a portion of the school.                                                                                            
                                                                                                                                
Dr. Aguillard  showed slide 6,  which showed a graphic  of a                                                                    
school floor plan:                                                                                                              
                                                                                                                                
     "?and  a  portion  of the  floor  framing  which  could                                                                    
     collapse  under  certain  circumstances.  All  exterior                                                                    
     foundation walls in these  areas require replacement or                                                                    
     retrofit  prior  to  the space  being  occupiable  once                                                                    
     again." LCG Lantech Inc Nov. 2023                                                                                          
                                                                                                                                
Dr.  Aguillard  noted  that  in 2021,  the  district  had  a                                                                    
conditions  survey  done,  which   was  submitted  with  the                                                                    
application for major  maintenance. Conditions had continued                                                                    
to  deteriorate,   followed  by   a  follow-up   study  that                                                                    
indicated   that  the   school  faced   imminent  structural                                                                    
failure. She  discussed the rapid  increase in  the severity                                                                    
of the  problem that  had started  with a  roof replacement.                                                                    
She noted  that the red  portion on the graphic  denoted the                                                                    
closed parts of the school.                                                                                                     
                                                                                                                                
Dr. Aguillard discussed slide 7:                                                                                                
                                                                                                                                
     There  are  no  other  structures  in  Sleetmute  large                                                                    
     enough  to accommodate  students and  staff during  the                                                                    
     school  day, but  that  also means  there  is no  other                                                                    
     physical space for the community to gather.                                                                                
                                                                                                                                
Dr. Aguillard discussed the  importance of school structures                                                                    
utilized as community buildings.                                                                                                
                                                                                                                                
Dr. Aguillard showed slide 8:                                                                                                   
                                                                                                                                
     Thank you! Questions?                                                                                                      
                                                                                                                                
     Dr. Madeline Aguillard                                                                                                     
     [email protected]                                                                                                      
                                                                                                                                
Dr. Aguillard  summarized that the  proposed tax  would help                                                                    
provide funding  for the backlog of  major maintenance needs                                                                    
for  Alaska school  districts. She  asked  the committee  to                                                                    
remember that  other school districts  across the  state had                                                                    
the same needs.                                                                                                                 
                                                                                                                                
Co-Chair  Olson asked  if Dr.  Aguillard had  indicated that                                                                    
the   Sleetmute  school   gymnasium   was   closed  due   to                                                                    
maintenance issues.                                                                                                             
                                                                                                                                
Dr.  Aguillard  answered  that  half  the  school  building,                                                                    
including the  gym, a  bathroom, and  a shop  were currently                                                                    
closed.                                                                                                                         
                                                                                                                                
2:35:49 PM                                                                                                                    
                                                                                                                                
KIMBERLY  HANKINS,  SUPERINTENDENT, LOWER  KUSKOKWIM  SCHOOL                                                                    
DISTRICT,  discussed   a  presentation  entitled   "SB  132:                                                                    
Employment Tax for Education Facilities (copy on file).                                                                         
                                                                                                                                
Ms. Hankins showed slide 2, "LKSD- by the numbers":                                                                             
                                                                                                                                
     ? 29 schools                                                                                                             
     ? 24 communities                                                                                                         
     ? 4,000 students                                                                                                         
     ? 1,200 employees                                                                                                        
     ? 22,000 square miles                                                                                                    
                                                                                                                                
Ms. Hankins shared that the  Lower Kuskokwim School District                                                                    
(LKSD)  had had  major maintenance  and school  construction                                                                    
needs throughout  the district. She mentioned  that LKSD was                                                                    
the largest  Regional Educational Attendance Area  (REAA) in                                                                    
the state and relied heavily  on Department of Education and                                                                    
Early  Developments   Capital  Improvement  Projects  School                                                                    
Construction and  Major Maintenance  Grant Funds  to support                                                                    
the needs of the district.                                                                                                      
                                                                                                                                
Ms. Hankins turned to slide  3, "Ongoing Challenge: Deferred                                                                    
maintenance":                                                                                                                   
                                                                                                                                
     ? LKSD has nearly $14M of deferred maintenance                                                                           
     projects on the FY25 Capital Improvement Projects                                                                          
     Major Maintenance Grant Fund list                                                                                          
                                                                                                                                
     • Bethel Campus Fire Pump House (11)                                                                                       
     • Akula Elitnaurvik K-12 Renovation (15)                                                                                   
     • Akiuk Memorial School Renovation (56)                                                                                    
     • BRHS Boardwalk Replacement (59)                                                                                          
     • GJE School Heating Mains Replacement (61)*                                                                               
                                                                                                                                
Ms. Hankins discussed the projects  on the major maintenance                                                                    
list. She  pointed out  that LKSD  funded the  heating mains                                                                    
replacement  five  years previously  and  had  sought to  be                                                                    
reimbursed for  the cost of  the project, which was  over $1                                                                    
million and needed for classroom education.                                                                                     
                                                                                                                                
Ms. Hankins  showed slide  4, "Deferred  Maintenance," which                                                                    
showed  two  pictures of  the  gymnasium  in Akiuk  Memorial                                                                    
School. She  noted that  project 56 was  for the  gym, which                                                                    
was  closed for  the second  year  due to  roof issues.  She                                                                    
described  that students  currently commuted  to neighboring                                                                    
schools to use gym space to practice team sports.                                                                               
                                                                                                                                
2:39:04 PM                                                                                                                    
                                                                                                                                
Ms. Hankins  referenced slide 5, "Ongoing  Challenge: School                                                                    
Construction":                                                                                                                  
     ? William Miller Memorial School in Napakiak has been                                                                    
     funded                                                                                                                     
     ? Approximately 1/3 of the existing school has been                                                                      
     demolished                                                                                                                 
     ? Students continue classes in the remaining section                                                                     
     of the school                                                                                                              
                                                                                                                                
Ms. Hankins  discussed projects  on the  school construction                                                                    
list.  She  relayed that  even  with  funding, the  Napakiak                                                                    
school  would take  several years  to  construct, while  the                                                                    
students used the un-demolished  portion of the school shown                                                                    
in the  picture on the  slide. She  noted that she  had been                                                                    
the principal of Napakiak School  in 2009, when the district                                                                    
had  communicated  about  issues of  erosion  affecting  the                                                                    
school. The  project was on  the CIP list  without receiving                                                                    
funding until it was an  emergency situation and then funded                                                                    
in 2021.  She noted  that if erosion  continued at  the same                                                                    
rate, the school would not be  able to be used and alternate                                                                    
locations would  need to be  found until the new  school was                                                                    
complete.                                                                                                                       
                                                                                                                                
Ms. Hankins  referenced slide 6, "Ongoing  Challenge: School                                                                    
Construction":                                                                                                                  
                                                                                                                                
     ? LKSD has over $167M of projects on the FY25 Capital                                                                    
     Improvement Projects School Construction Grant Fund                                                                        
     list                                                                                                                       
                                                                                                                                
     • Newtok/Mertarvik (1)                                                                                                     
     • Nelson Island School Replacement (2)                                                                                     
     • Anna Tobeluk Renovation (4)                                                                                              
     • Water Storage/Treatment, Kong (9)                                                                                        
     • Bethel Campus Upgrades (16)                                                                                              
                                                                                                                                
Ms. Hankins showed slide 7,  which had two photos of Newtok.                                                                    
The photo  on the left showed  the school, and the  photo on                                                                    
the left showed  demolition of a water  treatment plant. She                                                                    
relayed  that the  project was  completed late  the previous                                                                    
summer, and if  it had not been finished the  plant would be                                                                    
in a portion  of the river. She noted that  there were still                                                                    
approximately  30  students in  the  school,  and there  was                                                                    
currently  no running  water.  Students  were provided  with                                                                    
time  during the  day to  go home  for bathroom  breaks. She                                                                    
recounted   sounding the  alarm  for  needed school  funding                                                                    
for years before receiving the needed funds.                                                                                    
                                                                                                                                
2:42:16 PM                                                                                                                    
                                                                                                                                
Ms. Hankins  spoke to  slide 8, which  showed two  photos of                                                                    
Nunapitchuk. The  photos showed a collapsed  ramp, which had                                                                    
caused injury  to an employee.  She noted that  a structural                                                                    
engineer had  completed an analysis of  the entire building.                                                                    
As a result, a portion of  two classrooms in the school were                                                                    
closed.  She  relayed  that the  schools   application  also                                                                    
suffered from  overcrowding. The school district  was tasked                                                                    
with finding money  to shore up the foundation  as it waited                                                                    
for the funding for renovation.                                                                                                 
                                                                                                                                
Ms. Hankins  spoke to  slide 9, which  showed photos  of the                                                                    
school in  Goodnews Bay. There  were foundational  issues at                                                                    
the school.  She noted that  the school  was not on  the CIP                                                                    
list as  of yet. She commented  on the cost of  submitting a                                                                    
school condition  report and  the need  for the  district to                                                                    
prioritize the competing needs of the schools.                                                                                  
                                                                                                                                
Ms. Hankins showed slide 10:                                                                                                    
                                                                                                                                
     Thank you! Questions?                                                                                                      
                                                                                                                                
     Kimberly Hankins                                                                                                           
     Lower Kuskokwim School District                                                                                            
                                                                                                                                
Ms. Hankins  expressed her support  for the bill as  a means                                                                    
of generating more funding for  major maintenance and school                                                                    
construction around the state.                                                                                                  
                                                                                                                                
Co-Chair  Olson  asked  about  the  progress  of  relocation                                                                    
efforts for the new school in Newtok.                                                                                           
                                                                                                                                
Ms. Hankins  relayed that  the district  was working  on the                                                                    
foundation  portion  of the  new  school  in Mertarvik.  She                                                                    
noted that  there were plans  to close the school  in Newtok                                                                    
at  the end  of  the year  and demolish  the  school due  to                                                                    
health and  safety concerns. Most school  age students would                                                                    
be  moving to  Mertarvik  the following  year. The  district                                                                    
would  be providing  education in  the emergency  evacuation                                                                    
center in the community.                                                                                                        
                                                                                                                                
Co-Chair Olson  asked if  there would  be a  heated facility                                                                    
with bathrooms available for students.                                                                                          
                                                                                                                                
Ms.  Hankins   affirmed  that   the  evacuation   center  in                                                                    
Mertarvik was currently used as  the school and had heat and                                                                    
bathrooms. The facility  would be used until  the new school                                                                    
was complete.                                                                                                                   
                                                                                                                                
2:46:17 PM                                                                                                                    
                                                                                                                                
Co-Chair Olson OPENED public testimony.                                                                                         
                                                                                                                                
2:46:33 PM                                                                                                                    
                                                                                                                                
Co-Chair Olson CLOSED public testimony.                                                                                         
                                                                                                                                
SB  132  was  heard  and   HELD  in  Committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
Co-Chair Olson discussed the agenda for the following day.                                                                      
                                                                                                                                

Document Name Date/Time Subjects
SB132 FY25 School Construction List.pdf SFIN 2/14/2024 1:30:00 PM
SB 132
SB132 FY25 School Major Maintenance list.pdf SFIN 2/14/2024 1:30:00 PM
SB 132
SB132 - Nonresidents Working in Alaska 2022.pdf SFIN 2/14/2024 1:30:00 PM
SB 132
SB 132 Sectional Analysis 04.22.2023.pdf SEDC 4/26/2023 3:30:00 PM
SFIN 2/14/2024 1:30:00 PM
SB 132
SB 132 Sponsor Statement 04.22.2023.pdf SEDC 4/26/2023 3:30:00 PM
SFIN 2/14/2024 1:30:00 PM
SB 132
SB 132 head tax what intro slides feb 24 final.pdf SFIN 2/14/2024 1:30:00 PM
SB 132
SB 132 Presentation-Kuspuk.pdf SFIN 2/14/2024 1:30:00 PM
SB 132
SB 132 LKSD 2024 SB 132 Presentation.pdf SFIN 2/14/2024 1:30:00 PM
SB 132
SB 132 DBSD Support Testimony.pdf SFIN 2/14/2024 1:30:00 PM
SB 132
SB 132 DOLWD UI 102223.pdf SFIN 2/14/2024 1:30:00 PM
SB 132
SB 132 DOR TAX 020924.pdf SFIN 2/14/2024 1:30:00 PM
SB 132