Legislature(2005 - 2006)

05/24/2005 05:41 PM Joint 073


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05:41:59 PM Start
05:42:48 PM SB73
06:31:36 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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                SB  73-STATE VIROLOGY LABORATORY                                                                            
                                                                                                                                
CHAIR  GARY  WILKEN called  the  Conference  Committee on  SB  73                                                             
meeting to order at 5:41:59 PM. All members were present.                                                                     
                                                                                                                                
5:42:48 PM                                                                                                                    
CHAIR WILKEN said they would  start by comparing the two versions                                                               
with the help of a spreadsheet.  He noted there were three groups                                                               
of differences and reviewed them.  Lines 2,3,4 and 13 were agreed                                                               
upon. The  remainder of  the differences was  in two  groups, the                                                               
first  had  to   do  with  bond  indebtedness   for  school  debt                                                               
reimbursement.                                                                                                                  
                                                                                                                                
SENATOR   HUGGINS   moved   to   delete   references   to   items                                                               
6,7,8,9,10,11  and 12  - the  Grant Anticipation  Revenue Vehicle                                                               
(GARVEE) issues that were added in the House.                                                                                   
                                                                                                                                
SENATOR GUESS  objected to  taking the  GARVEE issues  out unless                                                               
Lake Otis and Tudor were put back into the capital budget.                                                                      
                                                                                                                                
REPRESENTATIVE MEYER agreed with that position.                                                                                 
                                                                                                                                
SENATOR GUESS maintained her objection.                                                                                         
                                                                                                                                
A roll call  vote was taken. Representatives Kelly  and Meyer and                                                               
Senators  Huggins   and  Wilken  voted  yea   and  Representative                                                               
Gruenberg and  Senator Guess voted nay.  Therefore the references                                                               
to GARVEE bonds were removed.                                                                                                   
                                                                                                                                
5:47:36 PM                                                                                                                    
SENATOR  HUGGINS moved  to adopt  CCS SB  73, version  S, as  the                                                               
working document.                                                                                                               
                                                                                                                                
SENATOR GUESS objected for discussion.                                                                                          
                                                                                                                                
5:50:07 PM                                                                                                                    
SENATOR WILKEN  asked if there  were any questions,  knowing that                                                               
they would  discuss debt reimbursement  in section 4.  There were                                                               
no questions. Section  4 was reflected in  the spreadsheet. Lines                                                               
2 on page 8 through line 15  on page 9 listed various projects in                                                               
organized Alaska that totaled $191,900,000.  He asked Eddy Jeans,                                                               
Director  of  School Finance  if  he  could authorize  any  three                                                               
projects  for  Fairbanks  as  long  as  they  didn't  exceed  $20                                                               
million.                                                                                                                        
                                                                                                                                
EDDY  JEANS, Director,  School Finance,  Department of  Education                                                               
and Early Development (DEED),replied that was correct.                                                                          
                                                                                                                                
5:53:48 PM                                                                                                                    
REPRESENTATIVE  MEYER said  that  half  the committee  represents                                                               
Anchorage that  gets almost  $62 million.  He asked  if Anchorage                                                               
could use $50  million of that money for  rebuilding Clark Junior                                                               
High.                                                                                                                           
                                                                                                                                
MR. JEANS replied it could.                                                                                                     
                                                                                                                                
SENATOR GUESS asked  if the projects in  AS 14.07.020(a)(11) have                                                               
to be  approved or reviewed in  reference to language on  page 6,                                                               
lines 4 and 13.                                                                                                                 
                                                                                                                                
MR.  JEANS replied  that  projects  have to  be  reviewed by  the                                                               
department  to  meet  space  eligibility  guidelines  to  receive                                                               
reimbursement funding.  It's a two-step approval  process, one by                                                               
the local voters and one by the Department of Education.                                                                        
                                                                                                                                
SENATOR GUESS  asked if a  project could  be reimbursed if  it is                                                               
not submitted to the department and has not been reviewed.                                                                      
                                                                                                                                
MR. JEANS replied  that projects must submit  applications to the                                                               
department  to  review  and  make a  determination  on  what  the                                                               
eligible reimbursable amount is.                                                                                                
                                                                                                                                
SENATOR  GUESS asked  if there  is a  deadline for  submitting an                                                               
application.                                                                                                                    
                                                                                                                                
5:57:45 PM                                                                                                                    
MR. JEANS  answered that applications  can be submitted  any time                                                               
prior to October 31, 2006 to be eligible.                                                                                       
                                                                                                                                
5:58:30 PM                                                                                                                    
SENATOR   GUESS   asked   how  major   maintenance   and   school                                                               
construction levels are determined.                                                                                             
                                                                                                                                
CHAIR WILKEN  explained that the  projects in this bill  came out                                                               
of three other  bills and one of the other  bills covered all the                                                               
bonded indebtedness  on the major  maintenance list. To  pass his                                                               
muster,  the Governor  required  this bill  to  show some  fiscal                                                               
constraint and that was done by limiting the time and amounts.                                                                  
                                                                                                                                
6:00:09 PM                                                                                                                    
SENATOR GUESS said  she understands the time limits,  but not the                                                               
amount limits,  because traditionally  reimbursement is  not done                                                               
that way. She asked the logic behind it.                                                                                        
                                                                                                                                
CHAIR WILKEN  replied the  concept of 60/40  and 70/30  was first                                                               
established during  the 2003  Legislature. The  60/40 had  a much                                                               
less  stringent bar  for the  voters.  That, in  addition to  the                                                               
normal  bonded indebtedness,  adds up  to about  $752 million  in                                                               
current  obligations increasing  the debt  service by  90 percent                                                               
between  2004 and  2005.  The department  wants  a time-out  from                                                               
issuing more debt.                                                                                                              
                                                                                                                                
MR.   JEANS  agreed   and  pointed   out  that   the  prior   two                                                               
authorizations  under  the  debt program  had  allocation  limits                                                               
similar  to this  bill's. The  2003  House bill  opened the  debt                                                               
program and added the $700 million.                                                                                             
                                                                                                                                
6:02:59 PM                                                                                                                    
SENATOR GUESS said she knows  why they broke from tradition three                                                               
years  ago and  asked  why  they are  continuing  with the  60/40                                                               
approach if that is seen as a problem.                                                                                          
                                                                                                                                
CHAIR WILKEN  responded that  it has been  useful for  the people                                                               
who have chosen to use it and he didn't really know why.                                                                        
                                                                                                                                
REPRESENTATIVE  MEYER said  this whole  process has  been one  of                                                               
compromise and related  that the Senate originally  wanted to use                                                               
the Amerada Hess bonding, but the  House did not like that method                                                               
and  preferred   to  continue  the   current  program   that  was                                                               
established in  HB 13. However,  the Governor said they  have too                                                               
much debt. Limiting the time and  amount was a compromise that he                                                               
agreed with.                                                                                                                    
                                                                                                                                
REPRESENTATIVE MEYER asked if Anchorage  were to have an election                                                               
for Clark  Junior High  or one  of the  other projects,  how long                                                               
would it be  before they were actually given the  money to do the                                                               
construction.                                                                                                                   
                                                                                                                                
MR. JEANS explained the way it  works is that they must get voter                                                               
and DOE  approval. When the  bonds are  actually issued is  up to                                                               
the   borough  or   municipality.  Then   they  start   receiving                                                               
reimbursement, which  is typically twice  a year. The  catch here                                                               
is  the district  has to  submit a  notice to  the department  in                                                               
October of  what their anticipated bond  reimbursement needs will                                                               
be  for the  subsequent  year,  so that  can  be  built into  the                                                               
department's budget that  it brings to the Legislature.  He has a                                                               
zero fiscal note  for 2006 because no one can  notify him of what                                                               
their needs  would be nor would  they be able to  get it approved                                                               
by  the voters  and issued  to qualify  for any  reimbursement in                                                               
2006.                                                                                                                           
                                                                                                                                
     How much of  these actually get approved  and the state                                                                    
     starts  reimbursing in  2007 is  a wild  guess. I  mean                                                                    
     some of  the bonds that  were actually approved  by the                                                                    
     voters  in  the  last  go-around still  have  not  been                                                                    
     issued. So,  they're still not  in our system  yet. But                                                                    
     they will be coming on board in the next year or two.                                                                      
                                                                                                                                
REPRESENTATIVE  MEYERS asked  if  the debt  the  state incurs  on                                                               
Clark Middle School could be spread out over a five-year period.                                                                
                                                                                                                                
MR. JEANS  replied that the minimum  a bond can be  issued for is                                                               
10 years; they are at about 15 years right now.                                                                                 
                                                                                                                                
6:06:30 PM                                                                                                                    
CHAIR  WILKEN reported  that 43  percent of  the 2003  budget was                                                               
60/40 money. It has made a difference and may be continued.                                                                     
                                                                                                                                
6:08:54 PM At ease 6:10                                                                                                       
                                                                                                                                
CHAIR WILKEN asked Senator Guess  if she maintained her objection                                                               
to adopting CCS SB 73, Version S.                                                                                               
                                                                                                                                
SENATOR  GUESS   withdrew  her  objection  and   without  further                                                               
objection Version S was adopted.                                                                                                
                                                                                                                                
REPRESENTATIVE GRUENBERG  offered Amendment  2 to  CCS SB  73 for                                                               
discussion.                                                                                                                     
                                                                                                                                
                                                    24-GS1117\FAA.9                                                             
                                                           Mischel                                                              
                                                          11/17/05                                                              
                                                                                                                                
                      A M E N D M E N T 2                                                                                   
                                                                                                                                
                                                                                                                                
OFFERED IN CONFERENCE               BY REPRESENTATIVE GRUENBERG                                                                 
     TO:  CCS SB 73, Draft Version S                                                                                            
                                                                                                                                
Page 8, line 2:                                                                                                                 
     To sec. 4, AS 14.11.100(q)(1):                                                                                             
          Add $51,000,000 to the existing number.                                                                               
                                                                                                                                
Page 8, line 5:                                                                                                                 
     To sec. 4,  AS 14.11.100(q)(2)(A):                                                                                         
          Add $51,000,000 to the existing number.                                                                               
                                                                                                                                
6:09 At ease 6:10                                                                                                               
                                                                                                                                
CHAIR WILKEN objected for discussion purposes.                                                                                  
                                                                                                                                
REPRESENTATIVE GRUENBERG  explained that  the $51 million  is for                                                               
Clark Middle School, which is  the top priority for the Anchorage                                                               
school district. It  is in both his and  Senator Guess' district.                                                               
The roof is failing and the building  needs to be torn down and a                                                               
whole  new school  built.  The  project can't  be  phased. He  is                                                               
afraid if  they wait,  the cost  will go up  and will  cost local                                                               
taxpayers and the state more money.                                                                                             
                                                                                                                                
REPRESENTATIVE MEYER  commented that  he understands  this school                                                               
is  important and  he didn't  get it  into the  original SB  155,                                                               
because $50  million would have  sunk the whole bill.  That might                                                               
have  been a  mistake, because  those projects  ended up  getting                                                               
included  in  the capital  budget  and  being  on this  list.  He                                                               
thought other maintenance could be  postponed or that the project                                                               
could  be phased.  He explained  that the  House didn't  go along                                                               
with using the  Amerada Hess earnings, because it  wanted to keep                                                               
the  flexibility to  use that  sum  for priorities  in any  given                                                               
year.  He thought  that  next year  it should  be  used for  debt                                                               
retirement and he hoped the  program could be continued. He asked                                                               
Representative Gruenberg for his support on that issue.                                                                         
                                                                                                                                
6:14:28 PM                                                                                                                    
REPRESENTATIVE GRUENBERG hoped the they  would be able to do part                                                               
of the project  this year under this cap,  but the Superintendent                                                               
told him the  way the program is configured, that  can't be done.                                                               
That's why  he offered the  amendment. He  didn't seem to  have a                                                               
choice.                                                                                                                         
                                                                                                                                
6:15:18 PM                                                                                                                    
SENATOR  HUGGINS remarked  that some  schools are  being done  in                                                               
phases. He thought that was Anchorage's choice.                                                                                 
                                                                                                                                
6:15:35 PM                                                                                                                    
CHAIR   WILKEN  said   he  opposed   amendment   2  because   the                                                               
administration requested  fiscal constraint. This issue  could be                                                               
revisited  once  Mr. Jeans  reports  to  them  next year  on  the                                                               
results of the program. He said  the report indicates out of that                                                               
$720  million, Anchorage  has $370  million in  the pipeline  for                                                               
about  50  projects. They  have  enough  to get  through  another                                                               
season and the issue can be revisited next year.                                                                                
                                                                                                                                
6:17:18 PM                                                                                                                    
SENATOR GUESS  explained that Anchorage  normally does  phase its                                                               
schools and  she trusts  the superintendent's  call on  not being                                                               
able to  phase this project.  She explained that Anchorage  has a                                                               
lot of schools and different areas have different growth needs.                                                                 
                                                                                                                                
A  roll  call  vote  was taken  on  Amendment  2.  Representative                                                               
Gruenberg and  Senator Guess voted yea;  Representative Kelly and                                                               
Meyer  and  Senator  Huggins  and Chair  Wilken  voted  nay;  and                                                               
Amendment 2 failed.                                                                                                             
                                                                                                                                
6:20:11 PM At ease 6:20:38 PM                                                                                               
                                                                                                                                
SENATOR HUGGINS moved to adopt Amendment 1.                                                                                     
                                                      24-GS1117\S.1                                                             
                                                           Mischel                                                              
                                                          11/17/05                                                              
                      A M E N D M E N T 1                                                                                   
                                                                                                                                
OFFERED IN THE CONFERENCE COMMITTEE           BY SENATOR WILKEN                                                                 
     TO:  CCS SB 73, Draft Version "S"                                                                                          
                                                                                                                                
Page 6, line 13, following "section":                                                                                       
     Insert ";                                                                                                              
               (15)  subject to (h), (i), (j)(2) - (5), and (r)                                                             
     of this  section, and  after projects  funded by  the bonds,                                                           
     notes,  or  other indebtedness  have  been  approved by  the                                                           
     commissioner, 90 percent of payments  made by a municipality                                                           
     during the fiscal  year for the retirement  of principal and                                                           
     interest on outstanding bonds,  notes, or other indebtedness                                                           
     authorized by  the qualified voters  of the  municipality on                                                           
     or after June 30, 1999, but  before October 31, 2006, to pay                                                           
     costs  of school  construction,  additions  to schools,  and                                                           
     major   rehabilitation    projects   and   education-related                                                           
     facilities   that  exceed   $200,000,  are   approved  under                                                           
     AS 14.07.020(a)(11),  meet  the   10  percent  participating                                                           
     share  requirement for  a  municipal  school district  under                                                           
     AS 14.11.008(b), and are not reimbursed  under (n) or (o) of                                                           
     this section"                                                                                                          
                                                                                                                                
Page 6, line 23:                                                                                                                
     Delete "(a)(8) - (14)"                                                                                                 
     Insert "(a)(8) - (15)"                                                                                                 
                                                                                                                                
Page 7, line 30:                                                                                                                
     Delete "a new subsection"                                                                                                  
     Insert "new subsections"                                                                                                   
                                                                                                                                
Page 8, line 2:                                                                                                                 
     Delete "191,900,000"                                                                                                       
     Insert "177,256,000"                                                                                                       
                                                                                                                                
Page 8, lines 26 - 28:                                                                                                          
     Delete all material.                                                                                                       
                                                                                                                                
Reletter the following paragraphs accordingly.                                                                                  
                                                                                                                                
Page 9, lines 10 - 12:                                                                                                          
     Delete all material.                                                                                                       
                                                                                                                                
Reletter the following paragraph accordingly.                                                                                   
                                                                                                                                
Page 9, following line 15:                                                                                                      
     Insert a new subsection to read:                                                                                           
          "(r)  The total amount of school construction projects                                                                
     approved for  reimbursement by the department  under (a)(15)                                                               
     of this section                                                                                                            
               (1)  may not exceed $14,644,000;                                                                                 
               (2)  after June 30, 1999, and until October 31,                                                                  
     2006, shall be allocated as follows:                                                                                       
                    (A)      $6,522,000    to   projects   in   a                                                               
          municipality with a public school enrollment of at                                                                    
          least 1,925 but less than 2,025 students in fiscal                                                                    
          year 2005, as determined under AS 14.17.500;                                                                          
                    (B)      $8,122,000    to   projects   in   a                                                               
          municipality with a public school enrollment of at                                                                    
          least 398 but less than 400 students in fiscal year                                                                   
          2005, as determined under AS 14.17.500."                                                                              
                                                                                                                                
CHAIR  WILKEN objected  for  discussion and  asked  Mr. Jeans  to                                                               
explain it.                                                                                                                     
                                                                                                                                
MR. JEANS  said that it was  brought to his attention  that there                                                               
were  actually two  districts on  the  school debt  reimbursement                                                               
list  that qualified  for  90  percent state  funding  with a  10                                                               
percent  local  match under  the  grant  program. This  amendment                                                               
offers them 90 percent reimbursement under the debt program.                                                                    
                                                                                                                                
6:22:43 PM                                                                                                                    
REPRESENTATIVE GRUENBERG  asked if the Northwest  Arctic district                                                               
would be able to participate in this.                                                                                           
                                                                                                                                
MR. JEANS  replied that he  understands that Northwest  Arctic is                                                               
at bonding  capacity and will  not be  able to get  bonds through                                                               
the municipal bond bank at this point in time.                                                                                  
                                                                                                                                
REPRESENTATIVE  GRUENBERG asked  if  there is  anything else  the                                                               
committee could do that would allow it to participate.                                                                          
                                                                                                                                
MR. JEANS replied no, not through this program.                                                                                 
                                                                                                                                
REPRESENTATIVE GRUENBERG  said the authorization will  remain and                                                               
if they can  later qualify by lowering their debt,  they can take                                                               
advantage of it.                                                                                                                
                                                                                                                                
MR. JEANS responded:                                                                                                            
                                                                                                                                
     As long as  that happens prior to  October 31, 2006....                                                                    
     They could  actually get voter approval  and department                                                                    
     approval prior to  October 31, 2006 and  sell the bonds                                                                    
     in  a  year   or  two  after  that.  So   there  is  an                                                                    
     opportunity;  I'm not  saying that  I know  for a  fact                                                                    
     that they would be able to do that.                                                                                        
                                                                                                                                
6:24:53 PM                                                                                                                    
SENATOR  GUESS said  this is  a big  deal because  they get  $6.5                                                               
million, but  then they can't  bond for it.  She asked if  he was                                                               
certain they could do everything before October 31, 2006.                                                                       
                                                                                                                                
MR. JEANS  replied that he  can't make an assurance  that bonding                                                               
will  allow  anybody  to bond.  This  legislation  simply  allows                                                               
municipalities to go to the voters for approval.                                                                                
                                                                                                                                
REPRESENTATIVE MEYER  added if they  get approval by  October 31,                                                               
but don't have  their finances in place for another  two or three                                                               
years after that, are they still able to get reimbursed.                                                                        
                                                                                                                                
MR.  JEANS  replied  that  they  have up  to  three  years  after                                                               
approval.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  GRUENBERG  asked  if  any  schools  are  in  that                                                               
position now.                                                                                                                   
                                                                                                                                
MR. JEANS answered  that a number of schools  have voter approval                                                               
but haven't  sold bonds yet, but  the reason is not  because they                                                               
can't get the financing.                                                                                                        
                                                                                                                                
CHAIR   WILKEN  removed   his  objection   and  without   further                                                               
objection, Amendment 1 was adopted.                                                                                             
                                                                                                                                
6:27:57 PM                                                                                                                    
SENATOR GUESS  asked if  any other school  districts on  the list                                                               
are at the cap or would be over the cap with this.                                                                              
                                                                                                                                
MR. JEANS replied that he was not aware of any.                                                                                 
                                                                                                                                
SENATOR  GUESS  asked  if  any school  districts  fall  into  the                                                               
working draft that aren't represented on the list.                                                                              
                                                                                                                                
MR. JEANS said no, but he would double-check.                                                                                   
                                                                                                                                
6:29:04 PM                                                                                                                    
CHAIR WILKEN found no further discussion.                                                                                       
                                                                                                                                
6:30:09 PM                                                                                                                    
SENATOR HUGGINS moved to report CCS  SB 73 [version S as amended]                                                               
and attached  fiscal notes from committee  with the understanding                                                               
that limited  powers of free  conference were needed.  There were                                                               
no  objections and  it was  so  ordered. There  being no  further                                                               
business  to come  before the  committee, Chair  Wilken adjourned                                                               
the meeting at 6:31:36 PM.                                                                                                    

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