Legislature(2005 - 2006)CAPITOL 106

02/01/2005 11:00 AM House EDUCATION


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 13 SCHOOL CONSTRUCTION BOND REIMBURSEMENT TELECONFERENCED
Heard & Held
*+ HB 20 EDUCATION FUNDING TELECONFERENCED
Heard & Held
Bills Previously Heard/Scheduled
HB  13-SCHOOL CONSTRUCTION BOND REIMBURSEMENT                                                                                 
                                                                                                                                
CHAIR NEUMAN announced  that the next order of  business would be                                                               
HOUSE BILL NO. 13 "An  Act relating to reimbursement of municipal                                                               
bonds  for school  construction; and  providing for  an effective                                                               
date."                                                                                                                          
                                                                                                                                
REPRESENTATIVE  GATTO, sponsor  to  HB 13,  stated  that [HB  13]                                                               
deals with  school debt  reimbursement.  He  related that  in his                                                               
own district,  13 years ago,  two schools were built  when school                                                               
debt reimbursement was "90/10" with  the state funding 90 percent                                                               
and  the local  district  funding  10 percent.    Since then,  he                                                               
explained, the state has reduced  the amount of money it supplies                                                               
for reimbursement; the state now  funds 70 percent.  He described                                                               
the  Mat-Su borough  and its  growth  rate of  500 students  each                                                               
year, requiring the construction of  new schools.  He related the                                                               
importance of all  districts to find a source of  revenue to fund                                                               
new schools.   This  bill, he said,  takes the  previous statutes                                                               
which "sunsetted"  on January 1,  2005, and extends  the "sunset"                                                               
date.    He  clarified  that  this  gives  the  borough  time  to                                                               
introduce bonding legislation.                                                                                                  
                                                                                                                                
11:56:20 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE GRUENBURG  invited the  [committee] to  add things                                                               
that  would   benefit  educational  capital  construction.     He                                                               
explained  that  this  needs  to be  accomplished  this  year  in                                                               
Anchorage, in  the Mat-Su, and in  other parts of the  state.  He                                                               
emphasized that [educational capital  construction] is one of the                                                               
most important issues facing the municipalities.                                                                                
                                                                                                                                
REPRESENTATIVE SALMON  asked how  this bill affects  rural school                                                               
districts.                                                                                                                      
                                                                                                                                
REPRESENTATIVE   GRUENBURG  responded  that  this is  legislation                                                               
that is needed in certain parts of the state.  He said:                                                                         
                                                                                                                                
     the last  time this  was done,  there was  a contingent                                                                    
     effective  date   clause  put  on  the   bill  ...  the                                                                    
     provision that  was at issue  here, the  amendment, had                                                                    
     ...  a   contingent  effective  date  that   said  this                                                                    
     language, extending  the 60 to  70 percent  school debt                                                                    
     reimbursement, would become effective,  if and only if,                                                                    
     the  voters  approved  the bond  issue  that  contained                                                                    
     bonding  for rural  schools ...  this would  not become                                                                    
     effective   unless   two   things  happened   ...   the                                                                    
     legislature passed the other  provision ...  that other                                                                    
     provision authorized bonds  to be put to  the voters at                                                                    
     the  next general  election and  it  would only  become                                                                    
     effective if the voters approved  those bonds.  It tied                                                                    
     the two  together even  though they  couldn't do  it in                                                                    
     the same bill  ... so, we can work with  you and people                                                                    
     from all parts  of the state to craft a  plan that will                                                                    
     be a  win-win for everybody, particularly  in this year                                                                    
     of high oil prices.                                                                                                        
                                                                                                                                
12:00:53 PM                                                                                                                   
                                                                                                                                
CHAIR  NEUMAN  asked  Representative  Gruenburg  to  explain  how                                                               
schools  would be  funded  and how  an  unorganized borough  will                                                               
manage to get their part of the debt bond reimbursement.                                                                        
                                                                                                                                
REPRESENTATIVE GRUENBURG  explained that  the state  floats bonds                                                               
and pays  the cost of  repaying those bonds.   In the  areas that                                                               
have  the bonding  capacity, he  said, the  state pays  a smaller                                                               
percentage because  the municipality has  the ability to  pay the                                                               
rest.    He described  projects  receiving  a  60 or  70  percent                                                               
reimbursement   depending   on    whether   they   meet   certain                                                               
construction specifications.   He  said the municipality  has the                                                               
ability to pay  a partial match but in the  areas that don't, the                                                               
state pays the full cost.                                                                                                       
                                                                                                                                
12:02:33 PM                                                                                                                   
                                                                                                                                
In response to Chair  Neuman's question, Representative Gruenburg                                                               
clarified that municipalities do not  have the ability to propose                                                               
construction.    He  explained that  voters  know  every  project                                                               
they're funding.                                                                                                                
                                                                                                                                
CHAIR NEUMAN asked how funding for schools is appropriated.                                                                     
                                                                                                                                
REPRESENTATIVE GRUENBURG said that in  the past cash was used for                                                               
schools.   Now, he related, bonds  will be used and  this spreads                                                               
the  cost of  projects over  time.   He pointed  out that  as the                                                               
generations  that use  those schools  reach  maturity, they  bear                                                               
part of the cost of repaying the bonds.                                                                                         
                                                                                                                                
REPRESENTATIVE  GARA  stated  that   money  will  not  reach  the                                                               
unorganized  boroughs.   He  discussed that  when  the bond  bill                                                               
passed, it was decided that the money would go to all districts.                                                                
                                                                                                                                
12:05:29 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  GRUENBURG explained  that he  would like  to make                                                               
this part of a broader package of legislation.                                                                                  
                                                                                                                                
REPRESENTATIVE  GARA  clarified  that   this  bill,  without  any                                                               
amendments, is strictly for the organized boroughs.                                                                             
                                                                                                                                
REPRESENTATIVE GATTO  stated that  there is  a need  to construct                                                               
schools and whether  or not this bill covers all  of the needs in                                                               
districts,  it  deals  with  an  existing  need  that  is  easily                                                               
identifiable.    He explained  that  it  is  simply a  matter  of                                                               
extending  a  "sunset"  date to  existing  legislation  that  was                                                               
already approved and functioning.                                                                                               
                                                                                                                                
12:08:12 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE GARA stated that though  he supports [HB 13] there                                                               
are portions in the state that  won't benefit from this bill.  He                                                               
inquired  as  to  the  bond  package  and  if  it  allows  school                                                               
districts unlimited bonding capacity.                                                                                           
                                                                                                                                
12:09:02 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE GRUENBURG  stated that under  [HB 13] there  is no                                                               
cap.   When the  package of legislation  passed, he  related, the                                                               
amounts of  the bonds were  known and it  was known how  much was                                                               
going to be bonded for all of the projects.                                                                                     
                                                                                                                                
12:10:13 PM                                                                                                                   
                                                                                                                                
EDDY  JEANS, Director,  School Finance,  Department of  Education                                                               
and Early Development,  (EED), stated that he would  like to make                                                               
clarifications on  the previous discussion.   He said  that there                                                               
were two bills that were passed in 2002:                                                                                        
                                                                                                                                
     one was a  state "geo" bond package that had  a list of                                                                    
     schools  of  approximately  $171 million  dollars  that                                                                    
     required a  statewide vote of  all Alaskans  before the                                                                    
     state would  issue state  "geo" bonds  to pay  for that                                                                    
     $171 million dollars  in school construction throughout                                                                    
     Alaska.   Contingent  upon an  affirmative vote,  which                                                                    
     did occur, the debt  reimbursement program was extended                                                                    
     for  a   two  year   period,  no  caps,   that  allowed                                                                    
     reimbursement  of 60  or 70  percent, dependent  on the                                                                    
     individual  project.    If it  met  the  Department  of                                                                    
     Education's eligibility  criteria, it qualified  for 70                                                                    
     percent  reimbursement; if  the district  wanted to  go                                                                    
     beyond  the  department's   eligibility  criteria,  the                                                                    
     project was eligible for 60 percent reimbursement.                                                                         
                                                                                                                                
     The debt  reimbursement program also required  that you                                                                    
     get those bonds approved by  the local voters, so there                                                                    
     was  a two  step  approval process  there,  one at  the                                                                    
     local  level and  one  at the  state  of Alaska  level.                                                                    
     Once  that   approval  occurred  ...  then   the  local                                                                    
     municipality can go  and issue bonds for  a minimum for                                                                    
     10  years,   and  the  state  will   reimburse  on  the                                                                    
     principal and interest of those  bonds over the life of                                                                    
     those  bonds, subject  to annual  appropriation by  the                                                                    
     legislature.   "HB 2003"  also required  the Department                                                                    
     of  Education   to  prepare  a   report  back   to  the                                                                    
     legislature next  January ...  on the  effectiveness of                                                                    
     this  dual  system,  the  "geo"  bonds  for  the  rural                                                                    
     schools  and the  debt  reimbursement  program for  the                                                                    
     municipal school districts.                                                                                                
                                                                                                                                
     The department is opposed to  this piece of legislation                                                                    
     because we believe that we need  to have time to do our                                                                    
     analysis to give you good  information in your decision                                                                    
     making  process ...  through the  last  two years,  the                                                                    
     department  and  municipal  governments  have  approved                                                                    
     $728  million  dollars   in  construction  projects  in                                                                    
     municipal school  districts ... so  we need time  to do                                                                    
     our  analysis, to  be able  to tell  you what  the long                                                                    
     term  fiscal impacts  on  the state  will  be for  this                                                                    
     program  before we  go and  extend it  again.   And the                                                                    
     legislation actually foresaw us  needing that time, and                                                                    
     provided us  that time through  the intent  language to                                                                    
     do this report.                                                                                                            
                                                                                                                                
12:13:24 PM                                                                                                                   
                                                                                                                                
CHAIR NEUMAN  asked about  how this could  affect bonds  that the                                                               
state is trying to move forward on.                                                                                             
                                                                                                                                
MR.  JEANS  said  that  he  would  defer  that  question  to  the                                                               
Department of Revenue, as they are the experts in that area.                                                                    
                                                                                                                                
REPRESENTATIVE  WILSON asked  if  the Department  of Revenue  has                                                               
been asked about their position in this situation.                                                                              
                                                                                                                                
REPRESENTATIVE GRUENBURG  stated that  he realizes  the necessity                                                               
of doing  this study, but as  there is additional money  now, and                                                               
the  [monetary]  situation  is   unpredictable  from  quarter  to                                                               
quarter,  the  study conducted  may  not  be  valid in  the  near                                                               
future.                                                                                                                         
                                                                                                                                
12:15:12 PM                                                                                                                   
                                                                                                                                
MR. JEANS  commented that the State  of Alaska will be  paying on                                                               
the debt reimbursement program for 10  to 20 years.  He explained                                                               
that the debt reimbursement budget  this year is $88 million, and                                                               
school districts  have not issued all  of the bonds for  the $728                                                               
million that  have been  authorized in  the last  two years.   He                                                               
said  that  the state's  annual  obligation  for those  bonds  is                                                               
unknown until the analysis is complete.                                                                                         
                                                                                                                                
REPRESENTATIVE THOMAS inquired as to  how many schools need to be                                                               
built and/or replaced and if  other communities report to the EED                                                               
if they are in need.                                                                                                            
                                                                                                                                
MR. JEANS  explained that the  EED does not  receive applications                                                               
from  all  of  the  school   districts  so  it  is  difficult  to                                                               
accurately give a  statewide need number.  He  commented that the                                                               
EED has a  school construction list and a  major maintenance list                                                               
that have  been prioritized  for the  legislature.   He expressed                                                               
his surprise that the debt  reimbursement program authorized over                                                               
$700 million  in projects two years  ago.  He explained  that the                                                               
two  proposals went  together two  years ago,  and what  is being                                                               
asked now is,  how would we move forward and  fund grant projects                                                               
for REAA's while  funding debt projects.  He  concluded that this                                                               
piece  of legislation  extends the  debt  program two  additional                                                               
years.                                                                                                                          
                                                                                                                                
12:17:58 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  THOMAS  mentioned  that  the  reason  the  school                                                               
district in  Haines got  behind was  the lack  of money  from the                                                               
state over the years of rebuilding and remodeling schools.                                                                      
                                                                                                                                
REPRESENTATIVE SALMON asked Mr. Jeans  how much time he needed to                                                               
complete the analysis and if he was opposed to HB 13.                                                                           
                                                                                                                                
MR. JEANS said that the EED  is required to provide a report back                                                               
to  the legislature  next January.   He  stated that  the EED  is                                                               
opposed to this bill.                                                                                                           
                                                                                                                                
12:20:08 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE GATTO  clarified that  the EED  is opposed  to the                                                               
bill because the analysis is not complete.                                                                                      
                                                                                                                                
MR. JEANS  stated that he  can't say  whether the EED  is opposed                                                               
with the analysis.   He expressed that the EED  wants to complete                                                               
the analysis  so that  a good recommendation  can be  provided to                                                               
the legislature.   He said that extending  the debt reimbursement                                                               
program  for an  additional two  years without  caps, will  incur                                                               
additional long-term liability on the State of Alaska.                                                                          
                                                                                                                                
REPRESENTATIVE  GARA stated  that  the  prioritization of  school                                                               
districts that can  qualify for debt reimbursement is  left up to                                                               
the local communities.  It is  assumed, he explained, that if the                                                               
local  community  will pay  20  or  30  percent,  then it  is  an                                                               
important project and  is paid for by the state.   He inquired as                                                               
to how local projects are ranked.                                                                                               
                                                                                                                                
12:21:42 PM                                                                                                                   
                                                                                                                                
MR. JEANS  said that  under the  debt reimbursement  program that                                                               
just "sunsetted", there was no  ranking process and there were no                                                               
caps in  place.  He explained  that if there was  local approval,                                                               
the project  was submitted to the  EED and approved for  60 or 70                                                               
percent reimbursement.   He described the grant  program and that                                                               
the  EED prioritizes  projects  based on  need  and projects  are                                                               
submitted to the governor and  the legislature for consideration.                                                               
He  pointed  out that  the  department  does  not provide  a  100                                                               
percent reimbursement  for any  school, even  the REAA's  who are                                                               
required to make a 2 percent contribution to their schools.                                                                     
                                                                                                                                
REPRESENTATIVE GRUENBURG asked if there  is any federal money for                                                               
this program.                                                                                                                   
                                                                                                                                
MR. JEANS  replied that  they are state  funded programs  and are                                                               
subject to annual state appropriation.                                                                                          
                                                                                                                                
In  response  to  Representative  Thomas's  question,  Mr.  Jeans                                                               
stated that REAA's contribute through  their state foundation aid                                                               
or their federal impact aid dollars.                                                                                            
                                                                                                                                
12:24:04 PM                                                                                                                   
                                                                                                                                
KIM   FLOYD,   Spokeswoman,  Matanuska-Susitna   Borough   School                                                               
District,  (MSBSD), stated  that in  the past  five years  alone,                                                               
MSBSD schools  have averaged annual  enrollment growth of  450 to                                                               
500  students  and  bond  debt   reimbursement  is  essential  to                                                               
insuring  that  students  are  educated  in  safe  and  effective                                                               
learning environments.  She explained  that this rapid growth has                                                               
placed significant  strain on existing  facilities; more  than 13                                                               
percent  of the  total enrollment,  or about  1800 students,  are                                                               
taught in temporary  facilities.  She said that  the school board                                                               
has been  actively working with developers  and major contractors                                                               
in the  boroughs to  determine current  and future  school needs.                                                               
She  said that  she understands  the state's  concern with  total                                                               
bond  indebtedness,   "however,  we  have  been   extremely  good                                                               
stewards with our  bonding projects.  We  haven't taken advantage                                                               
or  treated the  program as  if it  is an  open checkbook,  and I                                                               
truly hope that our conservative  approach won't hurt us now when                                                               
we need  it most.   Without schools  our community will  be faced                                                               
with  solutions as  drastic  as double  shifting  our Palmer  and                                                               
Wasilla area elementary schools, for  that reason among others we                                                               
ask  for full  support from  the legislature  for extending  this                                                               
program, again,  we are  not responsible for  the growth,  but we                                                               
must respond and we owe it to our children to do so."                                                                           
                                                                                                                                
CHAIR  NEUMAN asked  Ms. Floyd  to  inform the  committee on  any                                                               
steps that have been taken by  the MSBSD in moving forward on any                                                               
bonding.                                                                                                                        
                                                                                                                                
MS.  FLOYD stated  that the  MSBSD  has been  conservative.   She                                                               
explained that  if there  is state support,  then the  MSBSD will                                                               
decide how  to move  forward with  funding.   She related  a bond                                                               
package  is  anticipated for  three  elementary  schools that  if                                                               
opened next year, would be full.   She said that it is unknown if                                                               
that will go through without any state reimbursement.                                                                           
                                                                                                                                
12:27:32 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  GATTO inquired  as  to the  "assembly" passing  a                                                               
bond package that is contingent upon the state's passing HB 13.                                                                 
                                                                                                                                
MS. FLOYD  said that is unlikely  as the MSBSD is  a conservative                                                               
area.                                                                                                                           
                                                                                                                                
ANNE   KILKENNY  explained   the  overcrowding   issues  in   the                                                               
elementary  schools.     She  emphasized   that  the   bond  debt                                                               
reimbursement is  absolutely critical for  the Mat-Su area.   She                                                               
commented  that, as  a  parent, she  wants her  child  in a  safe                                                               
environment and in a class with a reasonable number of children.                                                                
                                                                                                                                
12:31:08 PM                                                                                                                   
                                                                                                                                
GEORGE  VAKALIS,   Assistant  Superintendent,   Anchorage  School                                                               
District, (ASD),  stated that the ASD  supports the reinstatement                                                               
of  this bill  for many  reasons including  major maintenance  of                                                               
older facilities, and schools in  need of major renovation and/or                                                               
replacement.   He said  that debt  reimbursement is  necessary in                                                               
order to make  this happen, and in the past,  the legislature has                                                               
supported  debt reimbursement  programs.   He explained  that the                                                               
ASD wants this bill reinstated at  the 60 and/or 70 percent level                                                               
to  allow  flexibility  for the  districts  to  serve  qualifying                                                               
schools as well as school related facilities.                                                                                   
                                                                                                                                
[HB 13 was held over.]                                                                                                          
                                                                                                                                

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