Legislature(2021 - 2022)DAVIS 106

02/15/2022 11:30 AM House WAYS & MEANS

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Audio Topic
11:35:31 AM Start
11:36:35 AM Presentation(s): Cost of Health Care to State Operations
11:42:39 AM Presentation(s): the Cost of Child Abuse and Neglect in Alaska
12:27:25 PM HB259
01:19:38 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Presentation: The Cost of Child Abuse and TELECONFERENCED
Neglect in Alaska by Trevor Storrs, President
and CEO of the Alaska Children's Trust
+ Presentation: Cost of Health Care to State TELECONFERENCED
Operations by Caroline Schultz, Chief Policy
Analyst, Office of Management and Budget
+ HB 259 PERMANENT FUND DIVIDEND; 25/75 POMV SPLIT TELECONFERENCED
Heard & Held
-- Teleconference Listen Only --
-- Testimony <Invitation Only> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
**Streamed live on AKL.tv**
        HB 259-PERMANENT FUND DIVIDEND; 25/75 POMV SPLIT                                                                    
                                                                                                                                
12:27:25 PM                                                                                                                   
                                                                                                                                
CHAIR SPOHNHOLZ announced that the  final order of business would                                                               
be HOUSE BILL NO.  259, "An Act relating to use  of income of the                                                               
Alaska permanent  fund; relating to  the amount of  the permanent                                                               
fund  dividend; relating  to the  duties of  the commissioner  of                                                               
revenue; relating to funding for  state aid for school districts,                                                               
the state boarding school,  centralized correspondence study, and                                                               
transportation of pupils; and providing for an effective date."                                                                 
                                                                                                                                
12:27:46 PM                                                                                                                   
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
[During  the  at-ease,  Chair  Spohnholz   passed  the  gavel  to                                                               
Representative Josephson.]                                                                                                      
                                                                                                                                
12:28:53 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE JOSEPHSON noted those  who are available to answer                                                               
questions.                                                                                                                      
                                                                                                                                
12:29:32 PM                                                                                                                   
                                                                                                                                
CHAIR  SPOHNHOLZ, as  prime sponsor  of HB  259, paraphrased  the                                                               
sponsor statement  [included in committee packet],  which read as                                                               
follows [original punctuation provided]:                                                                                        
                                                                                                                                
     For  nearly a  decade, Alaska  has suffered  structural                                                                    
     budget deficits  that have impacted every  facet of the                                                                    
     state.   In  2018,   the  legislature   achieved  great                                                                    
     progress through  the passage of the  percent of market                                                                    
     value  (POMV) draw  on the  permanent fund's  earnings,                                                                    
     which  1)  resolved  two  thirds  of  our  deficit,  2)                                                                    
     provides stable and predictable  revenues to the state,                                                                    
     and 3)  caps the amount  spent from the  Permanent Fund                                                                    
     annually  to 5%  of  the Permanent  Fund's total  value                                                                    
     during  the first  five of  the  last six  years. As  a                                                                    
     result, our state's  revenue situation has dramatically                                                                    
     improved. However,  the uncertainty of one  its largest                                                                    
     annual expenditures, dividends  from the Permanent Fund                                                                    
     (PFDs)  for Alaskans,  continues to  hinder the  fiscal                                                                    
     health of our state,  strains the legislature's ability                                                                    
     to meet  its constitutional obligations, stands  in the                                                                    
     way  of  many  other   important  policy  efforts,  and                                                                    
     creates fiscal uncertainty for Alaskans.                                                                                   
     HB 259 proposes to solve  this impasse by rewriting the                                                                    
     formula  for PFDs  as a  percentage of  the POMV  draw,                                                                    
     which  provides significant  and  growing PFDs,  stable                                                                    
     and  growing funding  for public  education, (one  of a                                                                    
     few  constitutionally  mandated state  funding  items),                                                                    
     and other essential government services.                                                                                   
     This legislation  splits the annual POMV  draw from the                                                                    
     Permanent Fund as follows:                                                                                                 
     •  25%  to  dividends,  which would  produce  a  $1,302                                                                    
     dividend in  FY24 that would  increase each  year after                                                                    
     that as the fund's value grows.                                                                                            
     •  75%  available  in unrestricted  general  funds  for                                                                    
     essential government services split as follows:                                                                            
     o 50%  to the public  education foundation  formula and                                                                    
     pupil transportation, and;                                                                                                 
     o  50%  to general  fund  for  funding other  essential                                                                    
     state  services like  public safety,  road maintenance,                                                                    
     the   court    system,   state   match    for   federal                                                                    
     infrastructure funds, and more.                                                                                            
     This designated funding stream  for public education is                                                                    
     critical because  when adjusted for inflation,  in FY22                                                                    
     the  state  spends  $500  less  per  child  to  educate                                                                    
     Alaska's  children than  we did  in FY2008.  We are  no                                                                    
     longer doing more  with less; we are  simply doing less                                                                    
     with less and our  educational outcomes are starting to                                                                    
     reflect  that.  In  addition to  providing  predictable                                                                    
     PFDs  and  stable  funding for  other  essential  state                                                                    
     operations,  the  statutory  split  of  the  POMV  draw                                                                    
     proposed by this legislation  ensures Alaskan schools a                                                                    
     stable and  growing fund  source so  we can  invest our                                                                    
     state's greatest natural resource  our kids.                                                                               
                                                                                                                                
12:33:58 PM                                                                                                                   
                                                                                                                                
CHAIR  SPOHNHOLZ began  the PowerPoint  presentation, titled  "HB
259; Update Permanent Fund funding  for Dividends, Education, and                                                               
other Essential State Services"  [hardcover included in committee                                                               
packet].   She  began  on  slide 2  and  spoke  to the  headlines                                                               
provided, which  related to education  funding.  She  advanced to                                                               
slide 5 and  pointed out that Article 7, Section  1 of the Alaska                                                               
State  Constitution outlines  the  state's  obligation to  public                                                               
schools.  She  offered her understanding that  the permanent fund                                                               
is a stable source of income, and  that oil and gas is a volatile                                                               
source.  She said  the graph on the slide 6  depicts a history of                                                               
the state's  per-capita unrestricted general fund  (UGF) revenue.                                                               
She moved  to slide 7 to  detail the impact of  dividend formulas                                                               
to Alaska's budget past fiscal year  2023 (FY 23).  She discussed                                                               
which formulas would provide the state with a budget surplus                                                                    
                                                                                                                                
12:38:06 PM                                                                                                                   
                                                                                                                                
CHAIR  SPOHNHOLZ  moved  to  slide   8,  which  read  as  follows                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     HB  259: Rewrites  the Dividend  Formula and  Creates a                                                                    
     Stable and Growing Dividend for Alaskans                                                                                   
     The 5% Percent  of Market Draw from  the Permanent Fund                                                                    
     will be split as follows:                                                                                                  
        25% to  dividends,  producing a  $1,301 dividend  in                                                                    
     FY24.                                                                                                                      
       75% UGF available for essential government services                                                                      
        50%* to  the  public education  fund for  foundation                                                                    
     formula and pupil transportation                                                                                           
       50% to general fund                                                                                                      
                                                                                                                                
CHAIR SPOHNHOLZ guided members through  a diagram on slide 9 that                                                               
details how  HB 259 works.   She moved to  slide 10 to  present a                                                               
graph  of what  dividends would  be under  259 past  FY 24.   She                                                               
moved   to  slide   11,  which   showed  UGF   spending  in   the                                                               
administration's proposed  FY 23  budget.   She explained  that a                                                               
statutory dividend  would be more  than what the state  spends in                                                               
UGF for operations.                                                                                                             
                                                                                                                                
12:42:11 PM                                                                                                                   
                                                                                                                                
CHAIR  SPOHNHOLZ  concluded the  PowerPoint  on  slide 12,  which                                                               
featured a chart that outlined how  HB 259 would create a stable,                                                               
growing fund source for Alaska's public education.                                                                              
                                                                                                                                
12:43:48 PM                                                                                                                   
                                                                                                                                
MEGAN HOLLAND, Staff, Representative  Ivy Spohnholz, Alaska State                                                               
Legislature, presented  a sectional analysis of  HB 259 [included                                                               
in the committee packet], on  behalf of Representative Spohnholz,                                                               
prime  sponsor,  which  read  as  follows  [original  punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     Section 1: Amends AS 14.17,  if the amount appropriated                                                                    
     under  section six  of the  bill is  not sufficient  to                                                                    
     satisfy foundation formula  funding for K-12 education,                                                                    
     the remaining need may be  met via appropriation by the                                                                    
     general fund.                                                                                                              
                                                                                                                                
     Section 2:  Amends AS 37.13.140,  to ensure  the amount                                                                    
     available for appropriation may  not exceed the balance                                                                    
     of  the  earnings  reserve  account.  Repeals  the  old                                                                    
     formula for calculating permanent fund dividends.                                                                          
                                                                                                                                
     Section  3: Creates  a statutory  split  of the  annual                                                                    
     point of  market value (POMV)  draw as follows:  25% to                                                                    
     the dividend fund for distribution  for PFDs and 75% to                                                                    
     the  general  fund.  Of  the  75%  distributed  to  the                                                                    
     general fund,  no less  than 50% may  go to  the public                                                                    
     education  fund for  state aid  to school  districts to                                                                    
     satisfy the foundation formula.                                                                                            
                                                                                                                                
     Section 4:  Amends AS 37.13.145(c), clarifying  that an                                                                    
     appropriation  is  required  to  move  funds  from  the                                                                    
     earnings  reserve  account  to  the  principal  of  the                                                                    
     permanent fund for purposes of inflation proofing.                                                                         
                                                                                                                                
     Section  5: Amends  AS  37.13.145(d),  relating to  the                                                                    
     Amerada Hess  settlement funds, which are  not included                                                                    
     in the  calculation of  the POMV,  to clarify  that the                                                                    
     POMV draw is appropriated, not transferred.                                                                                
                                                                                                                                
     Section  6: Adds  a new  subsection  providing that  at                                                                    
     least half of the portion  of the POMV draw distributed                                                                    
     to  the  general  fund  (75%), may  go  to  the  public                                                                    
     education  fund for  state aid  to school  districts to                                                                    
     satisfy the  foundation formula. In the  case that this                                                                    
     portion of  the POMV for education  exceeds the minimum                                                                    
     amount  required  by the  formula,  the  excess may  be                                                                    
     distributed directly  to school districts  according to                                                                    
     the same formula.                                                                                                          
                                                                                                                                
     Section 7:  Amends AS 37.13.300(c), relating  to income                                                                    
     from the  mental health trust  fund. This section  is a                                                                    
     conforming change  referencing the calculation  for the                                                                    
     POMV under AS 37.13.140(b).                                                                                                
                                                                                                                                
     Section  8:  Amends  AS 37.14.031(c)  relating  to  the                                                                    
     requirement that the  Alaska Permanent Fund Corporation                                                                    
     calculate  the net  income of  the mental  health trust                                                                    
     fund  annually on  the  last day  of  the fiscal  year,                                                                    
     excluding  any unrealized  gains or  losses. This  is a                                                                    
     technical  change removing  the  a  [sic] reference  to                                                                    
     language that already exists under this section.                                                                           
                                                                                                                                
     Section  9:  Amends  AS 43.23.025(a),  clarifying  that                                                                    
     funds  must  be  appropriated  to  the  dividend  fund,                                                                    
     rather than transferred as current statute provides.                                                                       
                                                                                                                                
     Section  10: Repeals  AS  37.13.145(e)  and (f).  These                                                                    
     sections  prohibited appropriations  from the  earnings                                                                    
     reserve account  to the general fund  that exceed funds                                                                    
     available  for appropriation.  This language  was moved                                                                    
     to AS  37.13.140 under  sections two  and three  of the                                                                    
     bill by the legal drafter.                                                                                                 
                                                                                                                                
     Section 11: Effective date of July 1, 2023.                                                                                
                                                                                                                                
12:48:21 PM                                                                                                                   
                                                                                                                                
TOM  KLAAMEYER,  President,  National  Education  Association  of                                                               
Alaska,  began   invited  testimony.     He  said   the  pandemic                                                               
exacerbated  existing  problems  in  Alaska's  education  system;                                                               
annual  risk of  pink slips  due  to state  budget fights;  class                                                               
sizes, and  essential student services,  such as counselors.   He                                                               
reported that,  according to  a Newsweek  article, 55  percent of                                                               
educators are  considering leaving  the profession sooner  due to                                                               
the effects of  the pandemic.  He said that,  in Alaska, turnover                                                               
is  driven  by  several  factors: the  worst  retirement  in  the                                                               
country; annual  risks of  pink slips,  flat funding,  and rising                                                               
class sizes.   He stated that  he is excited about  the impact HB
259 would  have on schools,  as it  seeks to resolve  the state's                                                               
fiscal  crisis.   He said  recent analysis  done by  the Economic                                                               
Policy  Institute  showed that,  since  the  pandemic began,  the                                                               
state's  public education  workforce went  down by  17.5 percent,                                                               
and  that,  since 2008,  the  same  workforce  has fallen  by  20                                                               
percent.                                                                                                                        
                                                                                                                                
12:54:40 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE PRAX  asked about teachers not  in social security                                                               
system, how that happened, and whether it can be undone.                                                                        
                                                                                                                                
MR. KLAAMEYER  answered that the  decision was made in  1951 when                                                               
retirement  was considered  adequate, and  they felt  they didn't                                                               
need social  security.   He explained that  a school  board could                                                               
authorize a vote to opt back  in, or it could occur via statewide                                                               
vote, which  requires approval of  the governor.  He  stated that                                                               
there is no definitive answer currently.                                                                                        
                                                                                                                                
12:56:53 PM                                                                                                                   
                                                                                                                                
LISA SKILES  PARADY, PhD, Executive  Director, Alaska  Council of                                                               
School Administrators,  began invited testimony.   She emphasized                                                               
the state of crisis and  the critical need to provide predictable                                                               
reliable  revenue  for  schools, per  the  proposed  legislation.                                                               
Early notification of funding   is critical to allow districts to                                                               
plan  accordingly   with  more  certainty.     She  concluded  by                                                               
referencing Dr.  Weiss, who indicated  that her district  had the                                                               
greatest  education  staff  turnover and  recruitment  crisis  in                                                               
history.   She  indicated that  the  problem is  worse in  Alaska                                                               
because of its  reliance on recruitment from the  Lower 48, which                                                               
is  also experiencing  workforce shortage.   Dr.  Parady cited  a                                                               
study on  increased education spending and  the implications over                                                               
20  states.   She  said  she  is  encouraged by  the  committee's                                                               
consideration of HB 259.                                                                                                        
                                                                                                                                
1:05:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRAX agreed that  everyone wants to see stability.                                                               
He  asked what  the  incentive  is to  consider  new ideas,  like                                                               
incorporating  the  Internet,  if  the  focus  is  on  guaranteed                                                               
funding.                                                                                                                        
                                                                                                                                
DR.  PARADY   said  that  the   Internet  is  also  an   area  of                                                               
instability,  as  most  outer reaching  rural  areas  still  lack                                                               
Internet, and  encouraged considering  the equity involved.   She                                                               
said that  no increase in  the base student allocation  (BSA) and                                                               
the  lack of  inflation proofing  put  the state  in a  difficult                                                               
position.                                                                                                                       
                                                                                                                                
1:09:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON  commented that adequate funding  is not                                                               
consistent with having new ideas.                                                                                               
                                                                                                                                
1:09:57 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 1:09 p.m. to 1:11 p.m.                                                                       
                                                                                                                                
1:11:12 PM                                                                                                                    
                                                                                                                                
LON GARRISON,  Executive Director,  Association of  Alaska School                                                               
Boards,  read  the  written testimony  from  the  Association  of                                                               
Alaska School  Boards [included in committee  packet], which read                                                               
as follows:                                                                                                                     
                                                                                                                                
     The Association  of Alaska School Boards  is in support                                                                    
     of HB  259. AASB's Delegate Assembly  has several long-                                                                    
     standing  resolutions supporting  the elements  of this                                                                    
     legislation. These include:                                                                                                
        • Belief Statement #B.7 EDUCATIONAL PROGRAMS AND                                                                        
     FUNDING AS TOP PRIORITY,                                                                                                   
     •  Resolution  #2.1  SUSTAINED, RELIABLE  AND  ADEQUATE                                                                    
     STATE FISCAL PLAN AND  EDUCATIONAL FUNDING FOR ALASKA'S                                                                    
     STUDENTS THROUGH A NON-VOLATILE FUNDING SOURCE                                                                             
     •  Resolution #2.2  URGING EARLY,  ADEQUATE, EQUITABLE,                                                                    
     AND PREDICTABLE FUNDING OF PUBLIC EDUCATION                                                                                
     • Resolution #2.14 PUPIL TRANSPORTATION                                                                                    
     • Resolution #2.23 FUNDING  FOR SCHOOLS BY ESTABLISHING                                                                    
     THE BASE STUDENT ALLOCATION IN ADVANCE                                                                                     
     •  Resolution  #2.50   INFLATION-PROOFED  BASE  STUDENT                                                                    
     ALLOCATION (BSA) INVESTMENTS                                                                                               
     Each year school board  members and education advocates                                                                    
     plead for  education funding. And you  routinely remind                                                                    
     yourselves  and  the   public  of  your  constitutional                                                                    
     responsibility  contained   in  Alaska's  constitution.                                                                    
     Article 7, Section 1 requires  your support and funding                                                                    
     of a  public school system.  And you have  never failed                                                                    
     to   fund   education,   however,  the   Base   Student                                                                    
     Allocation  has not  been  increased  from the  current                                                                    
     $5,930 since  FY 17. Six  years with no  increase seems                                                                    
     disingenuous   to   expect  constant   improvement   in                                                                    
     instruction  and increasing  standardized test  scores.                                                                    
     Utilities,  supplies,  transportation, fuel,  salaries,                                                                    
     maintenance,  freight,  food, instructional  materials,                                                                    
     communications,  Internet,   and  a  myriad   of  other                                                                    
     supplies and services necessary  for operating a school                                                                    
     system have all increased. It  seems as if the cost for                                                                    
     everything  has increased.  About the  only thing  that                                                                    
     hasn't increased is the BSA.  The proposed new language                                                                    
     in HB 259 has provisions  that address those times when                                                                    
     the formula  draw does not  meet the BSA and  also when                                                                    
     the formula draw  goes beyond the BSA  need. This seems                                                                    
     to be a responsible solution.                                                                                              
                                                                                                                                
     The proposed language in HB  259 would remove education                                                                    
     from  competition  with  all other  appropriations  and                                                                    
     fulfill the  responsibility of Article 7,  Section 1 of                                                                    
     Alaska's  Constitution.  The   legislature  could  then                                                                    
     concentrate  on the  remainder of  other services  that                                                                    
     provide for  Alaska's citizens and make  our state such                                                                    
     a wonderful place to live and raise families.                                                                              
                                                                                                                                
     HB  259 directly  addresses several  recommendations of                                                                    
     the Legislative Fiscal Work  Group. Creating a workable                                                                    
     and reasonable solution to funding  the PFD will remove                                                                    
     that ongoing debate and allow  the legislature to focus                                                                    
     on public policy  affecting all Alaskans. Additionally,                                                                    
     it  would  provide  that   stable  funding  source  for                                                                    
     education  and   allow  districts  to   concentrate  on                                                                    
     educational  innovation  to  improve  student  outcomes                                                                    
     rather  than  continually   reducing  programs  due  to                                                                    
     erosion  of the  buying  power of  a  flat funded  Base                                                                    
     Student Allocation.                                                                                                        
                                                                                                                                
     AASB  encourages your  support of  HB 259  as a  way of                                                                    
     further  support  Alaska's  public  school  system  and                                                                    
     Alaska's  future through  the  education  of its  young                                                                    
     people.                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON announced that HB 259 was held over.                                                                   

Document Name Date/Time Subjects
HB 259 Fiscal Note, OMB.pdf HEDC 2/4/2022 8:00:00 AM
HW&M 2/15/2022 11:30:00 AM
HW&M 2/22/2022 11:30:00 AM
HB 259
HB 259 Sponsor Statement v. A.pdf HEDC 2/4/2022 8:00:00 AM
HW&M 2/15/2022 11:30:00 AM
HW&M 2/22/2022 11:30:00 AM
HB 259
HB 259 Sectional Analysis v. A, 2.14.22.pdf HW&M 2/15/2022 11:30:00 AM
HW&M 2/22/2022 11:30:00 AM
HB 259
HB 259 Letters of Support, 2.14.22.pdf HW&M 2/15/2022 11:30:00 AM
HB 259
ACT Presentation, the costs of child abuse and neglect, 2.15.22.pdf HW&M 2/15/2022 11:30:00 AM
Alaska Kids Count Policy Solutions 2020.pdf HW&M 2/15/2022 11:30:00 AM
Economic Cost of Child Abuse 2019.pdf HW&M 2/15/2022 11:30:00 AM
HB 259 Presentation, 2.15.22.pdf HW&M 2/15/2022 11:30:00 AM
HW&M 2/22/2022 11:30:00 AM
HB 259
HB 259 Letters of Opposition, 2.14.22.pdf HW&M 2/15/2022 11:30:00 AM
HB 259
OMB Health Care Costs Presentation, Corrected, 2.15.22.pdf HW&M 2/15/2022 11:30:00 AM