Legislature(2013 - 2014)CAPITOL 106

02/05/2014 08:00 AM House EDUCATION


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08:01:54 AM Start
08:02:42 AM HB245
09:17:57 AM Confirmation Hearing(s)
09:26:34 AM HB220
10:05:37 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Confirmation Hearing: TELECONFERENCED
University of Alaska Board of Regents
*+ HB 245 SCHOOL FUNDING: REQ'D LOCAL CONTRIBUTION TELECONFERENCED
Heard & Held
*+ HB 220 REPEAL SECONDARY SCHOOL EXIT EXAM TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
        HB 245-SCHOOL FUNDING:  REQ'D LOCAL CONTRIBUTION                                                                    
                                                                                                                                
8:02:42 AM                                                                                                                    
                                                                                                                                
CHAIR GATTIS announced that the  first order of business would be                                                               
HOUSE  BILL  NO.  245,  "An  Act  repealing  the  required  local                                                               
contribution to  school funding;  making conforming  changes; and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
The committee took a brief at-ease at 8:02 a.m.                                                                                 
                                                                                                                                
8:03:45 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   TAMMIE   WILSON,   Alaska   State   Legislature,                                                               
introduced  HB  245,  paraphrasing from  the  sponsor  statement,                                                               
which read as follows [original punctuation provided]:                                                                          
                                                                                                                                
     House  Bill  245  would   reform  the  inequitable  and                                                                    
     onerous  state  mandate  for  local  contributions  for                                                                    
     organized areas in the state of Alaska.                                                                                    
                                                                                                                                
     The  State  of Alaska  has  a  duty under  Article  VI,                                                                    
     Section 1  of the Constitution  of the State  of Alaska                                                                    
     to "establish  and maintain a system  of public schools                                                                    
     open to all children of  the state".  The Fiscal burden                                                                    
     placed on local governments  that must bear that burden                                                                    
     is  enormous  and  consuming.    The  State  of  Alaska                                                                    
     provides  only partial  funding to  organized boroughs,                                                                    
     home-rule  cities  in   the  unorganized  borough,  and                                                                    
     first-class cities in the  unorganized borough to carry                                                                    
     out  the   State's  responsibility  for   education  by                                                                    
     deducting a  "local contribution" of 2.6  mils from the                                                                    
     level of state aid as stated in 14.17.410(G)(2).                                                                           
                                                                                                                                
     In  the  area  of Alaska  outside  organized  boroughs,                                                                    
     home-rule  cities  in  the  unorganized  boroughs,  and                                                                    
     first-class  cities  in  the unorganized  borough,  the                                                                    
     State  carries out  its  duties  for education  through                                                                    
     State "educational service  areas" established under AS                                                                    
     14.08.031, which  exempt them  from the  required local                                                                    
     contribution. There are  presently 19 State educational                                                                    
     service  areas,  referred  to as  regional  educational                                                                    
     attendance areas (REAAs).                                                                                                  
                                                                                                                                
     In 1963  Alaska State Legislature passed,  and Governor                                                                    
     Egan  signed into  law,  the  "Mandatory Borough  Act",                                                                    
     dictating  that   certain  regions  of   Alaska;  those                                                                    
     encompassing Ketchikan,  Juneau, Sitka,  Kodiak Island,                                                                    
     Kenai  Peninsula,  Anchorage,   the  Matanuska  Susitna                                                                    
     valleys  and Fairbanks  to form  organized boroughs  by                                                                    
     January  1,   1964.  Furthermore,  Section  1   of  the                                                                    
     Mandatory   Borough  Act   promised   that,  "No   area                                                                    
     incorporated as an organized  borough shall be deprived                                                                    
     of  state  services,  revenues,  or  assistance  or  be                                                                    
     otherwise penalized because of incorporation.                                                                              
                                                                                                                                
     HB  245  removes   the  "required  local  contribution"                                                                    
     penalty  imposed by  the State  of Alaska  on organized                                                                    
     areas   and    again   fulfills    its   Constitutional                                                                    
     responsibility.                                                                                                            
                                                                                                                                
8:06:17 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  T. WILSON  added  that HB  245  does not  include                                                               
contributions   received   by   districts,   from   the   federal                                                               
government,  under the  Impact Aid  law  [now Title  VIII of  the                                                               
Elementary  and Secondary  Education Act  of 1965  (ESEA)].   She                                                               
also pointed  out that  the Mandatory Borough  Act (MBA)  was not                                                               
entered into willingly by Fairbanks  residents, who voted against                                                               
having it  imposed.  Further,  she interpreted the intent  of the                                                               
MBA to be  a vehicle for the areas to  develop and maintain parks                                                               
and services,  such as  fire and  police departments;  the cities                                                               
would be  self-funding and  not reliant on  the state  to support                                                               
these entities.                                                                                                                 
                                                                                                                                
8:06:46 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE T. WILSON provided a historical view of the mil                                                                  
procedure, paraphrasing from a statement, which read as follows                                                                 
[original punctuation provided]:                                                                                                
                                                                                                                                
     A Little History Lesson                                                                                                    
                                                                                                                                
     First Foundation Formula                                                                                                   
     (Basic  Need) -  1/2  (Federal Impact  Aid)  - 3.5  mil                                                                    
     levy = State Allocation to District                                                                                        
                                                                                                                                
     1969 North Slope Oil Leases                                                                                                
          Windfall surplus begins flowing in to the State                                                                       
          Treasury                                                                                                              
                                                                                                                                
          Pressure Builds from Organized cities and borough                                                                     
          for greater state assistance                                                                                          
                                                                                                                                
          Legislature begins debates on amending the                                                                            
          foundation formula                                                                                                    
                                                                                                                                
     Second Foundation Formula                                                                                                  
          State support starts out at 90 percent of basic                                                                       
          need and throughout the 1970's slowly increases                                                                       
          to 100 percent by 1980.                                                                                               
                                                                                                                                
     Oil Price Crash/Local Contribution                                                                                         
          1986 oil prices crash to $9.00 a barrel and the                                                                       
          State panics                                                                                                          
                                                                                                                                
          State needs as much money as possible and a new                                                                       
          formula for education funding is proposed.                                                                            
                                                                                                                                
          1988 Local Contribution is back and at the 4 mil                                                                      
          rate.                                                                                                                 
                                                                                                                                
     SB 182 (2012)                                                                                                              
          In order to put all organized districts back on                                                                       
          an equal playing field the required local                                                                             
          contribution was reduced to 2.65 mils and it was                                                                      
          based on the Full and True Value.                                                                                     
                                                                                                                                
8:08:08 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE T.  WILSON explained that  the 2.65 mill  rate was                                                               
expected to function  as an equalizer.  Property  taxes have, and                                                               
continue to be, the vehicle  for collecting this revenue and many                                                               
boroughs  and cities  contribute above  the required  rate.   She                                                               
opined that it  should be incumbent on the state  to provide full                                                               
educational funding based on the  established formula.  Directing                                                               
attention to the fiscal note,  contained in the committee packet,                                                               
she indicated that  the impact on boroughs and  cities equates to                                                               
$206 million.                                                                                                                   
                                                                                                                                
8:09:43 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  observed that the bill  addresses property                                                               
tax contributions and  does not include impact aid.   He asked if                                                               
50 percent would still be  subtracted from the REAAs, effectively                                                               
causing those areas  to contribute in a  greater proportion while                                                               
exempting municipalities.                                                                                                       
                                                                                                                                
REPRESENTATIVE  T.  WILSON  clarified  that  the  impact  aid  is                                                               
subtracted, currently  at the  100 percent  level for  REAAs, and                                                               
that would  be made  the same for  eligible municipalities.   She                                                               
directed attention  to the committee  packet handout  provided by                                                               
the  Alaska Department  of Education  & Early  Development (EED),                                                               
titled  "FY 2014  Foundation Projection,"  dated September  2013,                                                               
page 9, to  point out the labeled columns  "D", "Eligible Federal                                                               
Impact  AID," and  "E", "Impact  AID Percent,"  respectively, and                                                               
said that  passage of HB  245 would place  every area at  the 100                                                               
percent level; column  "E."  She pointed out that  there are very                                                               
few  communities  that do  not  receive  some amount  of  federal                                                               
impact aid.                                                                                                                     
                                                                                                                                
REPRESENTATIVE SEATON  stated his  understanding that  many areas                                                               
are  contributing some  amount  to local  schools,  and the  bill                                                               
would restrict  this contribution to  an amount not to  exceed 23                                                               
percent;  possibly resulting  in a  reduction of  allowable local                                                               
contributions.                                                                                                                  
                                                                                                                                
REPRESENTATIVE  T. WILSON  explained  that  the contribution  cap                                                               
would remain  in place,  hence, some areas  would need  to reduce                                                               
the amount currently being collected,  but could still exceed the                                                               
required amount.  She said:                                                                                                     
                                                                                                                                
     All this would do, would be basically backfilling that                                                                     
       portion that the state, by constitution, should be                                                                       
     [paying].                                                                                                                  
                                                                                                                                
REPRESENTATIVE   SEATON  noted   that,   currently,  nearly   all                                                               
districts  are  exceeding  the  local  contribution  requirement;                                                               
"eating into that 23 percent."  He expressed concern stating:                                                                   
                                                                                                                                
     If the  required local  contribution, which  is greater                                                                    
     than  the 23  percent is  taken away,  and only  the 23                                                                    
     percent is  available, that means  that the  ability of                                                                    
     local  residents  to  contribute to  their  schools  is                                                                    
     reduced.                                                                                                                   
                                                                                                                                
REPRESENTATIVE T.  WILSON used Fairbanks  as an example  and said                                                               
the  city contributes  $48 million,  although the  requirement is                                                               
only  $26 million,  and  the  cap allows  for  an additional  $13                                                               
million.   Under  HB 245,  she explained,  the $26  million would                                                               
become  approximately $20,  after  deduction of  the impact  aid.                                                               
She continued:                                                                                                                  
                                                                                                                                
     [The city]  would be able to  give $13 of that  $20, to                                                                    
     go up  to the  cap amount.   The additional  $7 million                                                                    
     dollars that's left  over ... they would  give ... back                                                                    
     to tax payers, but they  could [fund] other things that                                                                    
     the municipality needs.                                                                                                    
                                                                                                                                
REPRESENTATIVE T.  WILSON emphasized her understanding  that this                                                               
measure would allow an expansion of funding possibilities.                                                                      
                                                                                                                                
REPRESENTATIVE  SEATON described  his understanding  that HB  245                                                               
would  restrict   Fairbanks  from  contributing  over   the  cap,                                                               
resulting in the loss of $7 million.                                                                                            
                                                                                                                                
REPRESENTATIVE  T. WILSON  clarified  the hypothetical  Fairbanks                                                               
example  that  the state  would  be  required to  contribute  the                                                               
amount  currently being  paid by  the  cities 2.6  mil levy;  $26                                                               
million.  Additionally,  after receiving the full  funding by the                                                               
state,  the  city  could  also   contribute  $13  million.    She                                                               
theorized that schools would receive  more funding in most areas.                                                               
If a community is already funding  to the cap, there would not be                                                               
a change,  but other areas  could realize a community  option for                                                               
contributing  to  the cap  or  using  municipal taxes  for  other                                                               
purposes; the tax is already being collected.                                                                                   
                                                                                                                                
8:16:55 AM                                                                                                                    
                                                                                                                                
DAN  BOCKHORST,   Manager,  Ketchikan  Gateway   Borough,  stated                                                               
support for HB 245, paraphrasing  from a written statement, which                                                               
read as follows [original punctuation provided]:                                                                                
                                                                                                                                
     Every  good  law should  have  at  least the  following                                                                    
     three characteristics:                                                                                                     
                                                                                                                                
     1.   it should be fair;                                                                                                    
     2.   it should reflect sound public policy;                                                                                
     3.   and, of course, it must be constitutional.                                                                            
                                                                                                                                
     The law imposing the  Required Local Contribution fails                                                                    
     on all  three points.   For that reason,  the Ketchikan                                                                    
     Gateway  Borough strongly  supports  HB 245,  repealing                                                                    
     the Required Local Contribution.                                                                                           
                                                                                                                                
     8:17:58 AM                                                                                                               
                                                                                                                                
     Let me explain.                                                                                                            
                                                                                                                                
     First,  the Required  Local  Contribution  is far  from                                                                    
     fair.                                                                                                                      
                                                                                                                                
     It creates two distinct classes of citizens:                                                                               
                                                                                                                                
     1.   Those  in  34  municipal governments  required  by                                                                    
     State law to operate school districts; and                                                                                 
                                                                                                                                
     2.   Those in  the remainder of the  state - comprising                                                                    
     19 other school districts in Alaska.                                                                                       
                                                                                                                                
     It  imposes   a  crushing  fiscal  burden   on  the  34                                                                    
     municipal  governments, shifting  to them  about twenty                                                                    
     percent   of  the   State's   constitutional  duty   to                                                                    
     adequately fund schools in those districts.                                                                                
                                                                                                                                
     At the same  time, the State exempts from  the other 19                                                                    
     districts from the Required Local Contribution.                                                                            
                                                                                                                                
     There is no rational  basis for the disparate treatment                                                                    
     of  the two  classes.   Some of  the most  economically                                                                    
     distressed   areas  of   Alaska   are   among  the   34                                                                    
     municipalities   subject   to    the   Required   Local                                                                    
     Contribution,  while   some  of  the   most  prosperous                                                                    
     regions  of  Alaska are  among  the  19 districts  that                                                                    
     enjoy exemption from the Required Local Contribution.                                                                      
                                                                                                                                
     The   Required  Local   Contribution  also   fails  the                                                                    
     fairness  test in  that it  breaches a  promise to  the                                                                    
     citizens  of Alaska,  expressed in  State law  in 1963,                                                                    
     that boroughs  will not be  deprived of  State revenues                                                                    
     or otherwise penalized because of incorporation.                                                                           
                                                                                                                                
     Second,  the  Required  Local  Contribution  fails  the                                                                    
     sound public policy test.                                                                                                  
                                                                                                                                
     The Required  Local Contribution  is a  grinding public                                                                    
     policy   that  punishes   organized   boroughs  -   the                                                                    
     foundation for local government in Alaska.                                                                                 
                                                                                                                                
     The  framers  of  our constitution  intended  that  the                                                                    
     State would create inducements for boroughs.                                                                               
                                                                                                                                
     8:20:05 AM                                                                                                               
                                                                                                                                
     The   Alaska   Supreme   Court  has   held   that   our                                                                    
     constitution encourages the formation of boroughs.                                                                         
                                                                                                                                
     Jay  Hammond  --  former  State  Representative,  State                                                                    
     Senator,  and  Governor  -   offered  a  far  different                                                                    
     perspective when he wrote:                                                                                                 
                                                                                                                                
     Attractive enough on paper,  in practice, the organized                                                                    
     borough concept had little  appeal to most communities.                                                                    
     After all, why should  they tax themselves for services                                                                    
     received from the state, gratis?                                                                                           
                                                                                                                                
     Governor  Hammond told  it like  it is.   Consider  the                                                                    
     following six facts:                                                                                                       
                                                                                                                                
     1.   Today, 55  years after  statehood, more  than half                                                                    
     of  Alaska   still  lies  outside  the   boundaries  of                                                                    
     organized boroughs.                                                                                                        
                                                                                                                                
     2.   Few have freely chosen  to incorporate.  Residents                                                                    
     of  mandatory  boroughs  make up  95%  of  all  borough                                                                    
     residents  today.    This fact  alone  makes  the  need                                                                    
     compelling to  honor the 1963  promise in State  law of                                                                    
     equal and fair treatment of  boroughs.  HB 245 would do                                                                    
     much to restore luster to that promise.                                                                                    
                                                                                                                                
     3.   Today, 55  years after  statehood, those  who have                                                                    
     freely  chosen  to  form boroughs  are  outnumbered  by                                                                    
     those who have freely chosen to  not be in a borough by                                                                    
     a margin of more than 2 to 1.                                                                                              
                                                                                                                                
     4.   Seven  years  ago,  voters   in  one  region  with                                                                    
     resources  described by  the  State Attorney  General's                                                                    
     office  as  "the  envy   of  most  organized  boroughs"                                                                    
     rejected  borough incorporation  by  a  margin of  more                                                                    
     than 9 to 1.                                                                                                               
                                                                                                                                
     5.   Having  written and  sponsored the  1963 Mandatory                                                                    
     Borough   Act,   former  Representative   John   Rader,                                                                    
     repudiated the measure years later.                                                                                        
                                                                                                                                
     6.   Today  State  officials  speak  in  terms  of  the                                                                    
     "misery of  boroughs" rather than  the vision  of those                                                                    
     who wrote our constitution.                                                                                                
                                                                                                                                
     These circumstances  are the "canary in  the coal mine"                                                                    
     telling  you that  the Required  Local Contribution  is                                                                    
     terrible   public  policy   that   weighs  heavily   on                                                                    
     students,  taxpayers, and  other citizens  of organized                                                                    
     boroughs.                                                                                                                  
                                                                                                                                
     Third,    the    Required   Local    Contribution    is                                                                    
     unconstitutional.                                                                                                          
                                                                                                                                
     After  six years  of study  and analyses  -- after  six                                                                    
     years of attempts to accomplish  what is proposed by HB
     245  - the  Ketchikan Gateway  Borough filed  suit last                                                                    
     month  over unconstitutional  aspects  of the  Required                                                                    
     Local Contribution.                                                                                                        
                                                                                                                                
     The  law setting  out the  Required Local  Contribution                                                                    
     dedicates  public   funds  to  a   particular  purpose,                                                                    
     thereby  violating   Article  9,   Section  7   of  our                                                                    
     Constitution - the "Anti-Dedication Clause."                                                                               
                                                                                                                                
     The  Required Local  Contribution  also  operates in  a                                                                    
     manner such that the dedicated  funds are never subject                                                                    
     to  legislative appropriation,  which violates  Article                                                                    
     9, Section 13.                                                                                                             
                                                                                                                                
     Further,   the   Required    Local   Contribution   law                                                                    
     circumvents   the   Governor's   veto   authority,   in                                                                    
     violation of Article 2, Section 15.                                                                                        
                                                                                                                                
     8:24:18 AM                                                                                                               
                                                                                                                                
     In conclusion, the Required Local Contribution:                                                                            
                                                                                                                                
          is not fair,                                                                                                          
          is poor public policy, and                                                                                            
          is clearly unconstitutional.                                                                                          
                                                                                                                                
     Therefore, I urge passage of HB 245.                                                                                       
                                                                                                                                
8:24:46 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DRUMMOND noted  that  the Anchorage  contribution                                                               
totals  appear to  be  close  to the  cap,  as  indicated on  the                                                               
previously cited EED handout.   She asked what the funding source                                                               
would  be   to  make  up   the  difference  under   the  proposed                                                               
legislation, pointing  out that  several hundred  million dollars                                                               
would need to be found in the current, deficit budget.                                                                          
                                                                                                                                
REPRESENTATIVE T.  WILSON stated  her belief  that municipalities                                                               
should not be  required to pick-up where the state  fails to meet                                                               
constitutional  obligations;  despite  deficit conditions.    She                                                               
said   funding  alternatives   could  be   considered,  such   as                                                               
reinstating  the now  defunct head-tax.   At  a recent  community                                                               
discussion in  Nenana regarding whether  or not to organize  as a                                                               
borough, she reported, the topic  was discussed regarding the 2.6                                                               
mil requirement.   The general sentiment of  the group questioned                                                               
why Nenana should organize considering  the imposition that would                                                               
require collection  of a levy  to cover costs that  are currently                                                               
being  paid for  by the  state.   The issue  created a  stumbling                                                               
block  for  the  community,  as citizens  discussed  options  for                                                               
better local services, and the  costs involved, and the debt that                                                               
could be incurred  as a municipality, due to  the education costs                                                               
passed on by the state.  She said:                                                                                              
                                                                                                                                
     That   really    is   the   issue   at    this   point:                                                                    
     Constitutional[ly]  what do  you  believe -  is it  the                                                                    
     responsibility of  the state  to fulfill  this mandate,                                                                    
     or  is it  only the  responsibility of  the state  when                                                                    
     they have funds.                                                                                                           
                                                                                                                                
8:27:35 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX said  she served  as Mayor  of the  Kodiak                                                               
Island  Borough, and  recalled discussions  that arose  regarding                                                               
REAAs not being required to  contribute local funds for education                                                               
and  the  seeming  unfairness  of  the  situation;  however,  the                                                               
constitutionality was never questioned.   The impact on the state                                                               
budget could  be a  concern, but,  having reviewed  the Ketchikan                                                             
Gateway  Borough  v.  State  of Alaska,  Case  No.  1KE-14-16  CI                                                             
(2014),  she opined  that the  courts  could find  in the  city's                                                               
favor and the state would be required to comply.                                                                                
                                                                                                                                
REPRESENTATIVE  T.   WILSON  clarified   that  impact   aid  does                                                               
represent a  variable and it would  be erroneous to say  that the                                                               
REAAs do not contribute; however,  means exists to bring equality                                                               
throughout the  state and  remove the  penalty to  organize areas                                                               
and form boroughs.   She stressed that the question  is not about                                                               
affordability, but  rather state responsibility; HB  245 does not                                                               
advocate mandatory  boroughs but  removes a  major barrier.   She                                                               
stressed  that  organizing an  area  should  bring focus  to  the                                                               
services a  borough can provide not  a penalty that puts  a newly                                                               
formed area  immediately into a  financial hole.  To  a follow-up                                                               
question she said  Alaska appears to be unique,  among the United                                                               
States, in the  requirements and mandates it  places on organized                                                               
areas.                                                                                                                          
                                                                                                                                
8:30:53 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  P.  WILSON  asked   for  a  definition  of  basic                                                               
education needs,  suggested that the  state may be  meeting those                                                               
requirements, and opined that other  costs may be considered add-                                                               
ons.                                                                                                                            
                                                                                                                                
REPRESENTATIVE T.  WILSON indicated  that basic  educational need                                                               
requirements  are a  purview of  legislative oversight;  residing                                                               
within the jurisdiction of this committee.                                                                                      
                                                                                                                                
8:32:20 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD referred  to  the  previously cited  EED                                                               
handout to clarify the Anchorage area contributions.                                                                            
                                                                                                                                
8:33:28 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  asked whether  the scope  of HB  245 would                                                               
require  the  state to  build  schools,  which would  change  the                                                               
current  70:30 bonding  structure and  eliminate the  60:40 local                                                               
contribution for building and zoning schools.                                                                                   
                                                                                                                                
REPRESENTATIVE T.  WILSON responded that  the bill has  no impact                                                               
on bonding  or capitol project funding  structures or maintenance                                                               
requirements.    The  bill  requires  the  state  to  fully  fund                                                               
districts  based on  the  education  formula; the  municipalities                                                               
would continue  to fund  building/maintenance in  accordance with                                                               
current practices.                                                                                                              
                                                                                                                                
REPRESENTATIVE SEATON  offered that the  state has been  found by                                                               
court to  be adequately funding  basic education.  He  noted that                                                               
additional,  supplemental components  have been  added to  enrich                                                               
the   educational  experience   and  provide   learning  options.                                                               
However,  limiting   the  ability   of  borough  tax   payers  to                                                               
contribute  to local  schools based  on a  percentage of  the cap                                                               
could require the  state to "back-fill" as much  as $200 million,                                                               
which he predicted  would not occur.  Further,  districts not yet                                                               
contributing  to  the cap  maximum  already  have the  option  to                                                               
increase the local  budget.  Overall, he opined,  it appears that                                                               
this bill would reduce funding to the education system.                                                                         
                                                                                                                                
REPRESENTATIVE  T.  WILSON  emphasized  that  no  district  would                                                               
receive less funding,  should HB 245 pass.   The distinction lies                                                               
in where  the money  is sourced,  and she said  it's a  matter of                                                               
"who's going  to pitch in  more," the state or  the municipality.                                                               
The constitution stipulates that it  is the responsibility of the                                                               
state to provide a basic  education, funding aside, and residents                                                               
were promised that this service  would be a benefit of organizing                                                               
an area  as a borough.   The  Fairbanks North Star  Borough would                                                               
prefer  to not  be  in that  standing,  considering the  services                                                               
currently  being received,  she opined,  and further  stated that                                                               
Alaskan  government  is  unduly  placing a  financial  burden  on                                                               
municipalities.  The state may  have funding problems but passing                                                               
deficits onto  communities is not  fair, resulting  in collection                                                               
of  property taxes  which in  turn subtracts  dollars from  local                                                               
economies, she finished.                                                                                                        
                                                                                                                                
8:39:42 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX questioned  the variable  percentages used                                                               
by  districts to  calculate the  municipality v.  state share  of                                                               
school building  costs, and  asked whether  that should  not also                                                               
become part of the argument.                                                                                                    
                                                                                                                                
REPRESENTATIVE T. WILSON acknowledged  that the required building                                                               
contribution  ratios  have  changed   over  the  years,  but  the                                                               
question is not addressed in this bill.                                                                                         
                                                                                                                                
8:41:41 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P. WILSON noted that if  the bill were to pass and                                                               
the state fully  fund education, the municipalities  would not be                                                               
mandated to contribute, and she  opined it would be wonderful for                                                               
the cities  to have more  money.  However, consideration  must be                                                               
given first  to the  effects this legislation  would have  on the                                                               
state budget  and subsequent control  of the schools;  and second                                                               
the legislature is required to  consider funding of all programs,                                                               
including schools.   She suggested that  the municipalities would                                                               
probably need  to pick  up the deficit  in another  service area.                                                               
Unintended  circumstances tend  to  arise, and  she stressed  the                                                               
need to proceed with caution.   It is important for the committee                                                               
to consider policy,  but the legislative as a  whole must address                                                               
budgetary concerns.                                                                                                             
                                                                                                                                
8:44:09 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE T. WILSON opined  that the municipal contributions                                                               
do not  entitle the  cities to  have added  local control  of the                                                               
schools.   She  then  reiterated the  previously detailed  points                                                               
that  this   legislation  addresses:    a   state  constitutional                                                               
responsibility  reneged upon,  an unfair  mandatory borough  act,                                                               
and  the resulting  financial  burden  placed on  municipalities.                                                               
She  underscored  that  it  is  not  a  matter  of  funding,  but                                                               
fulfilling a promise made to the residents of the state.                                                                        
                                                                                                                                
8:46:13 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX asked if there is  a means to skirt the cap                                                               
and asked whether it is a state or federal mandated.                                                                            
                                                                                                                                
REPRESENTATIVE T.  WILSON expressed her understanding  that prior                                                               
to  the cap,  differing  amounts were  collected  and some  areas                                                               
could not afford  to contribute.  The  federal government stepped                                                               
in to help equalize the situation.                                                                                              
                                                                                                                                
8:47:05 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  P. WILSON  pointed out  that the  state laws  are                                                               
changed on a  regular basis and promises once  made are sometimes                                                               
amended.   She held firm  that unintended consequences  arise and                                                               
the financial reality of the state must be considered.                                                                          
                                                                                                                                
REPRESENTATIVE T. WILSON stated  her belief that the constitution                                                               
holds a separate standard than other statues that are amended.                                                                  
                                                                                                                                
8:49:00 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX  asked whether the Alaska  Municipal League                                                               
(AML) supports the bill.                                                                                                        
                                                                                                                                
REPRESENTATIVE  T. WILSON  had no  comment,  as the  AML has  not                                                               
weighed in on the issue.                                                                                                        
                                                                                                                                
8:49:52 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON referred  to the  fiscal note,  indicating                                                               
designated  reserves   and  endowments,   and  asked   about  the                                                               
plausibility and source for funding  HB 245, should it pass; $200                                                               
million above the endowment amount would be needed.                                                                             
                                                                                                                                
ELIZABETH   SWEENEY  NUDELMAN,   Director,  School   Finance  and                                                               
Facilities   Section,   Department   of   Education   and   Early                                                               
Development  (EED), said  funds  are not  currently available  to                                                               
meet  the requirements  of the  bill.   To  a follow-up  question                                                               
regarding the source of the  funding, as required by the proposed                                                               
legislation, she offered to provide further information.                                                                        
                                                                                                                                
8:51:48 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD  asked for  the total dollar  amount that                                                               
is paid for  a kindergarten through twelfth  grade education; all                                                               
contributors combined.                                                                                                          
                                                                                                                                
MS. NUDELMAN  offered to provide  the information,  and suggested                                                               
that the website for the  department provides the information, as                                                               
well.                                                                                                                           
                                                                                                                                
8:53:20 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX  asked what  considerations would  be given                                                               
to fund this legislation should it pass.                                                                                        
                                                                                                                                
MS.  NUDELMAN  suggested  that  the   question  is  one  for  the                                                               
legislature  to take  up.   The  constitutionality  has not  been                                                               
determined.                                                                                                                     
                                                                                                                                
REPRESENTATIVE  LEDOUX   asked  whether  the   governor's  budget                                                               
provides funding.                                                                                                               
                                                                                                                                
MS. NUDELMAN said HB 245 was  filed after the governor issued his                                                               
budget.                                                                                                                         
                                                                                                                                
8:55:05 AM                                                                                                                    
                                                                                                                                
MIKE  COONS,  stated support  for  HB  245, paraphrasing  from  a                                                               
prepared statement,  which read as follows  [original punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     I fully endorse Representative Tammie Wilson's HB 245.                                                                     
        I have read the bill and except for a couple non-                                                                       
     substantive proposed changes in  wording, I fully agree                                                                    
     that    changing    from,     shall    to    may    for                                                                    
     cities/municipalities  and  boroughs paying  additional                                                                    
     education   funding   is   one  of   the   tenants   of                                                                    
     conservative  thought, less  government and  more local                                                                    
     control.                                                                                                                   
                                                                                                                                
                                                                                                                                
     8:56:00 AM                                                                                                               
                                                                                                                                
     In point of  fact, should this bill pass  and be signed                                                                    
     into law,  I would suggest that  the local communities,                                                                    
     if they want to continue  with funding, change who pays                                                                    
     for  education  from  the  property  taxes.    I  would                                                                    
     suggest that  those of us  who do not have  children in                                                                    
     school, either  because the children  are grown  up and                                                                    
     out  of  the  district,  parents use  private  or  home                                                                    
     schooling or  like myself, no children,  make education                                                                    
     at the  local level, truly  a user  fee.  Then  I would                                                                    
     suggest this  then leaves the boroughs  the opportunity                                                                    
     to help protect  the public with having  a Sheriff form                                                                    
     of law enforcement.  The  last numbers I heard was that                                                                    
     60  percent of  my property  tax goes  to education,  I                                                                    
     would  have  no  problem  with  paying  for  a  Sheriff                                                                    
     Department.  I  would dare say the cost  would not come                                                                    
     to  that previous  60 percent,  which then  gives me  a                                                                    
     decrease in  property taxes and gives  me better public                                                                    
     safety on top of the State Troopers!                                                                                       
                                                                                                                                
     As  to those  who will  scream and  holler about  their                                                                    
     increased property taxes for  their children, I respond                                                                    
     with  the  following.    In   many  cases  at  assembly                                                                    
     meetings,  I have  heard the  parents  demand for  full                                                                    
     funding of  education and many times  I've heard, "I'll                                                                    
     pay more taxes  to get my kid's education!"   This is a                                                                    
     good  opportunity   for  those   people  to;   as  Vice                                                                    
     President Joe  Biden likes to  say:  "Get some  skin in                                                                    
     the game."   Now  is a good  time to put  up.   I would                                                                    
     dare say that the additional  offshoot to this would be                                                                    
     more  parental/taxpayer  involvement in  their  child's                                                                    
     education.                                                                                                                 
                                                                                                                                
     I am  sure that NEA  will have lot's to  say negatively                                                                    
     about  this.   For  this will  potentially make  School                                                                    
     Boards  trim the  budgets to  be more  student friendly                                                                    
     than NEA Alaska friendly.   This bill along with HB 196                                                                    
     will undoubtedly  reduce or take away  NEA's power over                                                                    
     the School Districts.  Add  to that, Senator Dunleavy's                                                                    
     proposed   Constitutional  Amendment   SJR  9   and  we                                                                    
     potentially  have  a  "perfect   storm"  to  really  do                                                                    
     something  substantive  toward  better  local  control,                                                                    
     less  NEA  Union control  and  a  more student  defined                                                                    
     approach  to education  that  will  have students  more                                                                    
     ready for life vs being  pegs filling holes like Common                                                                    
     Cores approach and the new standards are pushing for.                                                                      
                                                                                                                                
     In closing, costs can be  and if all bills on education                                                                    
     are passed  this session the  cost of  education should                                                                    
     drop while performance standards are increased.                                                                            
                                                                                                                                
8:59:06 AM                                                                                                                    
                                                                                                                                
DIANE  HUTCHISON,  Member,  Fairbanks  North  Star  Borough  City                                                               
Assembly, indicated that  the city has not as yet  taken a formal                                                               
stance  on  HB  245;  however,  she  said  her  intention  is  to                                                               
introduce a letter  of support for the assembly's  approval.  She                                                               
continued, paraphrasing from a prepared  statement, which read as                                                               
follows [original punctuation provided]:                                                                                        
                                                                                                                                
     I  am Diane  Hutchison  and I  currently  serve on  the                                                                    
     Fairbanks  North  Star  Borough Assembly  and  was  the                                                                    
     Presiding  Officer the  past two  years.   The Assembly                                                                    
     has not  yet taken a position  on this bill, but  I can                                                                    
     relay to you that  a Resolution co-sponsored by myself,                                                                    
     the Borough  Mayor, and  the current  Presiding Officer                                                                    
     will  be  brought  for  a  vote  at  our  next  regular                                                                    
     Assembly meeting next Thursday,  asking our Assembly to                                                                    
     join  the Ketchikan  Gateway  Borough's  lawsuit as  an                                                                    
     amicus  curiae  party.   Following  the  vote  on  that                                                                    
     resolution,  I  plan  to  co-sponsor  a  resolution  in                                                                    
     support  of Rep.  Wilson's bill  -  brought forth  with                                                                    
     appropriate    wording     regarding    the    previous                                                                    
     resolution's vote.                                                                                                         
                                                                                                                                
     The reasons  I personally support the  lawsuit and Rep.                                                                    
     Wilson's bill are as follows:                                                                                              
                                                                                                                                
     For FY 2014  - the FNSB budgeted  local contribution to                                                                    
     the  schools was  around  $48M and  out  of that  $48M,                                                                    
     almost $27M is the  required local contribution and the                                                                    
     budgeted  additional  supplementary   funding  is  over                                                                    
     $21M.                                                                                                                      
                                                                                                                                
     I believe that the  $27M in required local contribution                                                                    
     is a  defacto State  tax on the  residents of  the FNSB                                                                    
     that  is not  imposed on  all residents  of our  state.                                                                    
     After  Ketchikan  Gateway   Borough  presented  to  our                                                                    
     Assembly in  December, I asked  how many people  in the                                                                    
     room  paid a  state income  tax -  no one  raised their                                                                    
     hand, but  when I  asked how  many paid  local property                                                                    
     taxes  (including the  required  local contribution  to                                                                    
     the school district, everyone in  the room raised their                                                                    
     hands.    The  point  is  that  every  time  the  state                                                                    
     mandates more  basic need  proportional funding  on the                                                                    
     municipalities  that  support   school  districts,  the                                                                    
     municipalities  have to  tax their  residents to  pay a                                                                    
     State "mandated tax".                                                                                                      
                                                                                                                                
     I    believe    this    State   "mandated    tax"    is                                                                    
     unconstitutional,  unfair and  a  disincentive for  any                                                                    
     unincorporated area to ever form a Borough again.                                                                          
                                                                                                                                
     Last  year,  our Borough  passed  bond  issues to  fund                                                                    
     construction   of  a   new   school   and  fund   major                                                                    
     renovations  on others.   These  were projects  that we                                                                    
     had come to Juneau and  asked for capital funding - the                                                                    
     new  school to  replace  a junior  high  that has  been                                                                    
     seismically  condemned  and  we are  trying  structural                                                                    
     reinforcements just to keep it  usable for the students                                                                    
     to be safe.  The  funding was denied by the legislature                                                                    
     as it  often is.   We came  as a local  government with                                                                    
     our hands  out to Juneau,  when we could be  paying for                                                                    
     these  projects  ourselves,  without  indebting  future                                                                    
     generations  to pay  off  bond issues  -  if the  state                                                                    
     would  fulfill its  obligation to  fund basic  need and                                                                    
     let us  fulfill our  obligation to the  local taxpayers                                                                    
     of supplemental  education funding, investing  in local                                                                    
     capital projects  and reducing  some of the  tax burden                                                                    
     on people who are strapped  by their property taxes and                                                                    
     high energy costs.                                                                                                         
                                                                                                                                
     9:03:40 AM                                                                                                               
                                                                                                                                
     We  just heard  yesterday  that  Flint Hills  Resources                                                                    
     (the  FNSB's 4th  largest  taxpayer), is  discontinuing                                                                    
     its refining  operations in North  Pole.  I am  in full                                                                    
     support of SB 21 -  we need to get increased throughput                                                                    
     in TAPS and I think that SB  21 will help do that - BUT                                                                    
     that does  not relieve the State  of its constitutional                                                                    
     duty  to fund  basic education  - for  everyone in  the                                                                    
     State, no  matter what  area of  the state  they reside                                                                    
     in.                                                                                                                        
                                                                                                                                
     Thank you  for listening  and for  your service  to our                                                                    
     state.     I  hope  you   will  give  HB   245  serious                                                                    
     consideration because  I believe  the taxpayers  in the                                                                    
     State  of Alaska  - in  all  areas of  the State,  will                                                                    
     start realizing  how big of  an issue this is.   PLEASE                                                                    
     REMEMBER  - THE  ONLY NON-CORPORATE  TAXPAYERS IN  THIS                                                                    
     STATE   ARE   RESIDENTS   OF  MUNICIPALITIES   WHO   AS                                                                    
     INDIVIDUALS  PAY  FOR   STATE  SERVICES  THROUGH  THEIR                                                                    
     PROPERTY TAXES  WHENEVER THE STATE  TRIES TO  SHIFT ITS                                                                    
     BURDEN TO  LOCAL GOVERNMENTS AND FORCES  THEM TO BECOME                                                                    
     STATE TAX  COLLECTORS.  IT  IS A MATTER OF  FAIRNESS TO                                                                    
     ALL THE  RESIDENTS OF  THE STATE  AND THE  PROMISE THAT                                                                    
     BOROUGHS WOULD  NOT BE PENALIZED  OR DEPRIVED  OF STATE                                                                    
     SERVICES  BY BECOMING  BOROUGHS -  BUT THAT  IS EXACTLY                                                                    
     WHAT  HAPPENS  EVERY  TIME  THE  LEGISLATURE  TRIES  TO                                                                    
     BALANCE  THE   STATE  BUDGET  ON  THE   BACK  OF  LOCAL                                                                    
     GOVERNMENT.                                                                                                                
                                                                                                                                
     She opined that this  is an unconstitutional action, as                                                                    
     brought by the bill sponsor.                                                                                               
                                                                                                                                
9:05:22 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  opined that the greatest  issue appears to                                                               
be  that REAA's  are funded  via impact  aid versus  municipality                                                               
tax.    He suggested  that  a  statewide  property tax  could  be                                                               
invoked  as  an  equalizer,  and   asked  if  that  would  be  an                                                               
acceptable alternative.                                                                                                         
                                                                                                                                
MS. HUTCHISON  responded yes, and  said a statewide  property tax                                                               
would be  appropriate.   Otherwise incorporated  state properties                                                               
are the only contributors.                                                                                                      
                                                                                                                                
9:07:55 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE T. WILSON reminded the  committee that the bill is                                                               
focused on ensuring that the  state is upholding a constitutional                                                               
mandate; not discovery of funding sources.                                                                                      
                                                                                                                                
9:10:42 AM                                                                                                                    
                                                                                                                                
DAVID  NEES stated  support for  HB 245  and referred  to a  1961                                                               
Anchorage  newspaper  article   regarding  the  Anchorage  school                                                               
district.  At  that time, he reported, Anchorage had  a mill rate                                                               
of 11.1  and the budget was  split 47 percent from  the state and                                                               
47  percent  local  contributions.    He  said  the  bill  places                                                               
responsibility back on  the state's shoulders.  He  said how this                                                               
bill is funded  is for the legislature to solve,  and opined that                                                               
it would be  good to handle this now, prior  to being mandated by                                                               
court order.                                                                                                                    
                                                                                                                                
9:12:12 AM                                                                                                                    
                                                                                                                                
POSIE BOGGS stated  support for HB 245 and  said the requirements                                                               
as  stated  in   the  constitution  should  be   followed.    She                                                               
continued,  asking  the  committee  to  consider  the  cost  that                                                               
illiteracy  represents.   The impact  of students  not fulfilling                                                               
learning requirements creates a cost to the state.                                                                              
                                                                                                                                
9:14:38 AM                                                                                                                    
                                                                                                                                
BARBARA  HANEY  stated  support  for  HB  245,  and  said  it  is                                                               
important for the state to fulfill its obligations.                                                                             
                                                                                                                                
CHAIR GATTIS announced HB 245 was held over.                                                                                    

Document Name Date/Time Subjects
HB 220 State Board Resolution.pdf HEDC 2/5/2014 8:00:00 AM
HB 220
HB 220 HSGQE Relevancy.pdf HEDC 2/5/2014 8:00:00 AM
HB 220
HB 220 HSGQE_ContractualCosts.pdf HEDC 2/5/2014 8:00:00 AM
HB 220
HB 220 Section Analysis.pdf HEDC 2/5/2014 8:00:00 AM
HB 220
HB 220 Sponsors Statement A.pdf HEDC 2/5/2014 8:00:00 AM
HB 220
HB 220 Statewide HSGQE Results.pdf HEDC 2/5/2014 8:00:00 AM
HB 220
HB220 Fiscal Note.pdf HEDC 2/5/2014 8:00:00 AM
HB 220
HB 245 Hearing Request.pdf HEDC 2/5/2014 8:00:00 AM
HB 245
HB 245 Sponsor statement.pdf HEDC 2/5/2014 8:00:00 AM
HB 245
HB 245 Supporting document Bockhorst.pdf HEDC 2/5/2014 8:00:00 AM
HB 245
HB 245 Supporting documents - analyses of legal issues.pdf HEDC 2/5/2014 8:00:00 AM
HB 245
HB 245 Supporting documents - local contributions - Ketchikan.pdf HEDC 2/5/2014 8:00:00 AM
HB 245
HB245 Fiscal Note - Comm Reg Affairs.pdf HEDC 2/5/2014 8:00:00 AM
HB 245
HB245 Fiscal Note Designated Reserves Endowments.pdf HEDC 2/5/2014 8:00:00 AM
HB 245
HB245 FiscalNote DEED.pdf HEDC 2/5/2014 8:00:00 AM
HB 245
Edc Confirmation - Enright resume.pdf HEDC 2/5/2014 8:00:00 AM
Confirmation:
HB220-public comment.PDF HEDC 2/5/2014 8:00:00 AM
HB 220
HB245 Ketchikan vs AK.pdf HEDC 2/5/2014 8:00:00 AM
HB 245