Legislature(2011 - 2012)BELTZ 105 (TSBldg)

02/02/2011 08:00 AM Senate EDUCATION


Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 43 ALASKA PERFORMANCE SCHOLARSHIPS TELECONFERENCED
Heard & Held
Bills Previously Heard/Scheduled
= SB 1 BD OF ED./EARLY DEVELOPMENT ANNUAL REPORT
Moved CSSB 1(EDC) Out of Committee
             SB  43-ALASKA PERFORMANCE SCHOLARSHIPS                                                                         
                                                                                                                                
8:06:58 AM                                                                                                                    
CO-CHAIR MEYER announced the consideration  of SB 43. He said the                                                               
committee  will   hear  an   overview  of   the  bill   from  the                                                               
administration.  Ultimately, he  said,  he  thinks the  committee                                                               
will want  to incorporate a  lot of  the thoughts and  ideas that                                                               
the Joint  Legislative Higher Education Scholarship  Funding Task                                                               
Force developed  into this  bill. Next week  the task  force will                                                               
deliver an overview and recommendations.                                                                                        
                                                                                                                                
8:08:30 AM                                                                                                                    
DIANE   BARRANS,  Executive   Director,   Alaska  Commission   on                                                               
Postsecondary  Education  (ACPE),  Department  of  Education  and                                                               
Early Development (DEED), thanked the  co-chairs for taking up SB
43 so quickly. She explained that,  as the committee is aware, in                                                               
the previous year the legislature  passed SB 221 [during the 26th                                                               
Legislature], which  put into place a  programmatic framework for                                                               
Alaska's first  merit-based scholarship  program. She  offered to                                                               
walk  the  committee  through  either  a  sectional  analysis  or                                                               
briefly describe what the bill does.                                                                                            
                                                                                                                                
SENATOR  FRENCH  said  it  would  help him  to  get  a  sectional                                                               
analysis.                                                                                                                       
                                                                                                                                
CO-CHAIR MEYER concurred.                                                                                                       
                                                                                                                                
MS.  BARRANS said  Section 1  of  SB 43  amends the  name of  the                                                               
scholarship  program.  She  explained   that  subsequent  to  the                                                               
legislature changing the name to  the "Merit Scholarship Program"                                                               
ACPE was  notified by the National  Scholarship Organization that                                                               
the name  "Merit Scholarship" was trademarked.  Rather than enter                                                               
into a  legal battle over  the name, the  administration proposed                                                               
to  rename   it  the  "Alaska  Performance   Scholarship"  (APS).                                                               
Sections 1-6 (pages 1-4) reflect these conforming changes.                                                                      
                                                                                                                                
Section  7   changed  the  existing  scholarship   statutes.  She                                                               
explained  that  it  creates an  Alaska  Performance  Scholarship                                                               
Award  Fund, consisting  of  appropriations  from the  investment                                                               
fund, which are  referenced subsequently in the  bill. The moneys                                                               
in  this fund  are specifically  for scholarship  awards and  are                                                               
non-lapsing.   She   explained  that   the   hope   is  once   an                                                               
appropriation is  made to that fund  it could be retained  in the                                                               
event that  there were fluctuations  in the number  of applicants                                                               
from year to year.                                                                                                              
                                                                                                                                
Section  8 was  another  renaming and  conforming  change to  the                                                               
scholarship.                                                                                                                    
                                                                                                                                
Section 9 was the establishment  of an investment fund. She noted                                                               
that this approach is similar  to what the governor proposed last                                                               
year.  She  recapped  for  the committee  that,  last  year,  the                                                               
legislature  focused  on the  structure  of  the scholarship  and                                                               
deferred decisions  on the funding  mechanism. This  section also                                                               
describes the powers  and duties of the commissioner  of DEED and                                                               
allows  the   commissioner  to  report   on  the   condition  and                                                               
investment performance of the fund.  It also includes definitions                                                               
of "commissioner" and "fund."                                                                                                   
                                                                                                                                
Section 10 expanded the eligibility  for the Alaska education tax                                                               
credit, specifically against the corporate income tax.                                                                          
                                                                                                                                
Section 11 discussed a sunset  scheduled to occur for certain tax                                                               
credits and  the ceiling  for this credit.  It also  insured that                                                               
donations made under  this provision would still  qualify for the                                                               
tax credit post-sunset.                                                                                                         
                                                                                                                                
Section  12 included  a  change in  the  definition section.  She                                                               
explained that because  the term "program" has  been excised from                                                               
the relevant statutes, the definition was no longer necessary.                                                                  
                                                                                                                                
Section  13   included  transition   language  and   renamed  the                                                               
performance scholarship.                                                                                                        
                                                                                                                                
Section  14 instructed  the  reviser of  statutes  to change  the                                                               
titles in order to conform to the name change.                                                                                  
                                                                                                                                
Section  15  included  transition  language  for  the  authorized                                                               
entities  to  promulgate regulations  in  the  event that  it  is                                                               
necessary to carry out the changes in the bill.                                                                                 
                                                                                                                                
Sections 16-18 included  the effective dates. She  noted that the                                                               
effective  dates take  place  either immediately  or  on July  1,                                                               
2011; except in reference to section 11.                                                                                        
                                                                                                                                
8:15:26 AM                                                                                                                    
CO-CHAIR MEYER  explained that there  will be an overview  of the                                                               
framework of  the scholarship on  Friday. He explained  that this                                                               
bill includes  amendments that the  administration wants  done to                                                               
this framework  and the committee  may still adjust some  of this                                                               
framework, based on  the activities of the task  force. She noted                                                               
that one  area the  committee will focus,  in particular,  is the                                                               
needs-based scholarship  component of the program,  which was not                                                               
addressed in  the "skeleton  of the bill,"  passed last  year. He                                                               
asked if Ms. Barrans wanted to see this included in SB 43.                                                                      
                                                                                                                                
MS. BARRANS  answered that  she believes  the programs  work well                                                               
independently. She  explained that  there is added  complexity in                                                               
blending  the existing  needs-based  program [the  AlaskAdvantage                                                               
Program]  with a  new program  which deals  with such  a specific                                                               
population of individuals.                                                                                                      
                                                                                                                                
CO-CHAIR MEYER  asked if she would  like to see the  two programs                                                               
tied together or kept separate.                                                                                                 
                                                                                                                                
MS. BARRANS replied that in states  where there is a blend in the                                                               
two programs  and a downturn  in state funding has  occurred, she                                                               
has observed that  the merit-based program is cut  first in order                                                               
to keep  the needs-based  program alive.  She explained  that the                                                               
policy  objectives  of the  two  programs  are so  distinct  that                                                               
blending the two together would  have its drawbacks. She said the                                                               
commission is not promoting that blend at this time.                                                                            
                                                                                                                                
CO-CHAIR MEYER said the tax credit  passed last year had a three-                                                               
year sunset. He asked if the committee should address this.                                                                     
                                                                                                                                
MS. BARRANS replied  that she would defer those  questions to the                                                               
Department of  Revenue's deputy commissioner, Jerry  Burnett. She                                                               
noted that the  only tax type that would apply  under SB 43 would                                                               
be the corporate income tax.                                                                                                    
                                                                                                                                
She  continued that  while  the program  structure  was put  into                                                               
place with SB 221, there was  a fiscal note adopted with the bill                                                               
which  reflected the  startup and  continuation funding  from the                                                               
state  general fund.  The  governor, in  offering  this piece  of                                                               
legislation, is  seeking to advance  a discussion on  the funding                                                               
structure.  She explained  that  the  governor strongly  believes                                                               
that the  scholarship is  a commitment  to Alaska's  students and                                                               
establishing long-term, self-sufficient  funding is critical. She                                                               
said that  the administration  believes that  full capitalization                                                               
of the  APS Award fund this  year is the preferred  step. Each of                                                               
the funding ideas has both  merits and challenges; however, there                                                               
are two specific elements that  the administration strongly urges                                                               
be included.  First, that the  capacity of the funding  stream is                                                               
sufficient to meet the scholarship  commitments to the recipients                                                               
once they  have received  the initial  award. Second,  that money                                                               
once appropriated to the fund is made to be non-lapsing.                                                                        
                                                                                                                                
8:22:52 AM                                                                                                                    
SENATOR  FRENCH  asked for  confirmation  that  the committee  is                                                               
going  to get  an overview  of  SB 221  on Friday.  He asked  Ms.                                                               
Barrans what appropriations  for the scholarship fund  are in the                                                               
governor's budget this year.                                                                                                    
                                                                                                                                
MS.  BARRANS answered  that the  governor requested  $8.2 million                                                               
for the commission's  budget. She explained that  this number was                                                               
drawn from the fiscal note for SB 221.                                                                                          
                                                                                                                                
SENATOR FRENCH asked  if this amount would be  sufficient to fund                                                               
the first cohort of students for one or four years.                                                                             
                                                                                                                                
MS.  BARRANS replied one year.                                                                                                  
                                                                                                                                
SENATOR FRENCH  asked if this  amount must then be  multiplied by                                                               
four in order to fund for four years.                                                                                           
                                                                                                                                
MS. BARRANS replied  no; not specifically. She  explained that in                                                               
developing  the fiscal  note the  commission also  looked at  the                                                               
rate of  attrition. ACPE estimated  that by year four,  with four                                                               
full classes of scholarship recipients,  the annual cost would be                                                               
$20 million.                                                                                                                    
                                                                                                                                
SENATOR FRENCH asked for confirmation  that the governor proposed                                                               
$8 million.                                                                                                                     
                                                                                                                                
MS.  BARRANS replied  that  this amount  is  in ACPE's  operating                                                               
budget and expected to be expended in a year.                                                                                   
                                                                                                                                
SENATOR FRENCH  said he has  heard that governor believes  a long                                                               
term funding  stream is critical  and full capitalization  is the                                                               
preferred method. He  asked whether the governor  proposed a $400                                                               
million appropriation to capitalize on this program.                                                                            
                                                                                                                                
MS.  BARRANS answered  that  this  is the  number  that has  been                                                               
discussed.  However, rather  than  submitting a  fiscal note  for                                                               
that  amount,  the   administration  submitted  an  indeterminate                                                               
fiscal  note.  She explained  that  this  way, depending  on  the                                                               
approach the legislature  decides upon, the fiscal  note could be                                                               
adapted.                                                                                                                        
                                                                                                                                
SENATOR  FRENCH said  that  the  answer to  his  question is  the                                                               
governor did not propose a $400 million appropriation.                                                                          
                                                                                                                                
MS. BARRANS replied yes.                                                                                                        
                                                                                                                                
8:26:05 AM                                                                                                                    
SENATOR STEVENS noted that the  governor introduced a merit-based                                                               
scholarship, yet both the House  and Senate felt it was important                                                               
to have a  needs-based component. He said he  understands that it                                                               
is easier  if the  needs-based and  merit-based programs  are not                                                               
blended, however,  the legislature  would be  quite upset  if the                                                               
merit-based bill was the only  bill signed. He said the committee                                                               
need to  know what the  administration's position is  with regard                                                               
to including a needs-based program.                                                                                             
                                                                                                                                
MS.  BARRANS  replied  that  it  should  be  noted  that  in  the                                                               
governor's FY2012  request is a  GF [general  fund] appropriation                                                               
of  $1.1  million for  the  AlaskAdvantage  Education Grant.  She                                                               
asked for  clarification he  is suggesting the  fund be  used for                                                               
both programs, rather than one.                                                                                                 
                                                                                                                                
SENATOR  STEVENS  replied that  it  is  something that  needs  to                                                               
consider.  He  agreed that  blending  the  two might  become  too                                                               
complex.                                                                                                                        
                                                                                                                                
CO-CHAIR MEYER  said last year  the committee tried to  blend the                                                               
two programs  and the fiscal  note went  from $20 million  to $40                                                               
million.  He  said  that  to   get  a  bill  passed  through  the                                                               
legislature the  programs need to  be tied together  somewhat. He                                                               
asked  for confirmation  that  the name  change  was a  copyright                                                               
infringement.                                                                                                                   
                                                                                                                                
MS. BARRANS answered yes.                                                                                                       
                                                                                                                                
SENATOR  DAVIS  asked  if  she  could  expand  on  the  copyright                                                               
infringement.                                                                                                                   
                                                                                                                                
MS.  BARRANS  reminded  the  committee  that  in  the  governor's                                                               
original  bill   the  scholarship  was  labeled   the  "Governors                                                               
Performance Scholarship",  which the  legislature changed  to the                                                               
"Alaska Merit Scholarship". This name  change put them at risk of                                                               
infringing on the "National Merit Scholarship".                                                                                 
                                                                                                                                
CO-CHAIR THOMAS said  he understands that within  the first group                                                               
of students there  will be individuals who drop  out during their                                                               
first  year. However,  he  would anticipate  by  the second  year                                                               
there  would  be  more  individuals  entering  the  program  than                                                               
leaving the program, he explained.                                                                                              
                                                                                                                                
MS.  BARRANS  clarified  that  the   commission  expects  to  see                                                               
attrition  in  the  first  class   that  continues  through.  She                                                               
explained that the  commission does expect to see  some growth in                                                               
the  freshman  cohort, but  it  does  not  know exactly  what  to                                                               
expect.  She reminded  the committee  that the  commission bench-                                                               
marked this program with the program in Wyoming.                                                                                
                                                                                                                                
CO-CHAIR  THOMAS asked  if that  was why  ACPE came  up with  $20                                                               
million and when,  the needs-based component was  factored in, it                                                               
added $10-20 million more.                                                                                                      
                                                                                                                                
MS. BARRANS answered yes; but  there was a specific formula built                                                               
in to adding  the needs-based program. She noted  that the needs-                                                               
based  component   was  solely  for  individuals   who  otherwise                                                               
qualified for the merit-based scholarship.  She added that one of                                                               
the other issues of debate  that arose was adding this additional                                                               
funding for some students.                                                                                                      
                                                                                                                                
CO-CHAIR  THOMAS  added  that  the  response  to  non-traditional                                                               
students has remained the same last year.                                                                                       
                                                                                                                                
SENATOR FRENCH asked Ms. Barrans  if the commission would meet as                                                               
a body to award these scholarships one at a time, or in mass.                                                                   
                                                                                                                                
MS. BARRANS  answered that the  commission has been  working very                                                               
closely  with DEED  and the  financial aid  community to  develop                                                               
what  will   hopefully  be  a  very   efficient  application  and                                                               
dispersal process. She  said that the commission  is simply using                                                               
the  Free Application  for  Federal Student  Aid  (FAFSA) as  the                                                               
application for  either the  APS or the  education grant.  At the                                                               
same time,  they are getting a  "data download" from DEED  of all                                                               
Alaska  high  school  graduates and  the  school  districts  will                                                               
provide students' eligibility status.  This allows students to go                                                               
online to see  what program(s) they qualify for.  Funds will then                                                               
be  electronically  dispersed  directly  to  the  institution  on                                                               
behalf of the students.                                                                                                         
                                                                                                                                
SENATOR FRENCH asked if, for  example, there are 1,000 qualifying                                                               
students and only  enough money to pay for 500  students, how the                                                               
commission will deal with this imbalance.                                                                                       
                                                                                                                                
MS. BARRANS answered that the  statute specifies that awards will                                                               
be made pro rata in the event of a short-funding.                                                                               
                                                                                                                                
SENATOR FRENCH  asked for clarification on  whether every student                                                               
who qualifies  will get  something, up to  the maximum  award. He                                                               
said the  individual scholarship  awards could  be very  small if                                                               
the program is not funded.                                                                                                      
                                                                                                                                
MS. BARRANS replied yes; the minimum award is $500.                                                                             
                                                                                                                                
CO-CHAIR MEYER inquired about the  two fiscal notes included with                                                               
SB 43, one of which is indeterminate and the other for $115,000.                                                                
                                                                                                                                
8:37:52 AM                                                                                                                    
JERRY BURNETT,  Deputy Commissioner, Department of  Revenue, said                                                               
the fiscal  note for  $115,000 could  be an  indeterminate fiscal                                                               
note,  but  it was  prepared  as  if  there  was a  $400  million                                                               
deposit. He  explained that  it represents  a management  cost on                                                               
the investment fund of approximately 2.8 basis points.                                                                          
                                                                                                                                
CO-CHAIR MEYER asked if this could easily be changed.                                                                           
                                                                                                                                
MR. BURNETT answered that it  could be an indeterminate and would                                                               
vary a little depending on the fund.                                                                                            
                                                                                                                                
SENATOR STEVENS  asked Mr. Burnett  to clarify page 5  [lines 17-                                                               
21].                                                                                                                            
                                                                                                                                
MR.  BURNETT answered  that  every year  when  the Department  of                                                               
Revenue  sets  the asset  allocations  it  looks at  the  capital                                                               
market  assumptions,  past  history,   and  an  assumed  rate  of                                                               
inflation. The  department then invests with  an asset allocation                                                               
which would produce five percent, plus inflation.                                                                               
                                                                                                                                
SENATOR STEVENS asked  what the repercussions are  if this return                                                               
is not achieved.                                                                                                                
                                                                                                                                
MR.  BURNETT replied  that  with this  type  of management  fund,                                                               
which  has a  payout of  five percent  of the  fund balance,  any                                                               
extra  percentage earnings  would remain  in the  fund. During  a                                                               
year that has  a subpar performance, five percent  would still be                                                               
paid  and the  funds would  be reduced  that year.  However, over                                                               
time, it  should be possible  to achieve  a five percent  rate of                                                               
return  and the  fund  should grow  by  the amount  approximately                                                               
equal to inflation.                                                                                                             
                                                                                                                                
SENATOR  STEVENS asked  if the  point of  this investment  "is to                                                               
smooth things  out so that you  can count on so  much money going                                                               
into scholarships."                                                                                                             
                                                                                                                                
MR.  BURNETT answered  yes. It  gives a  fairly even  payout over                                                               
time and allows the fund to  build. He explained that other funds                                                               
that the department manages, for  example the Public School Fund,                                                               
have a  payout based on  realized earnings and does  not consider                                                               
capital gain. The income stream  can be highly variable from that                                                               
type of fund. He explained  that the type of investment suggested                                                               
for the scholarship  fund is fairly common. The  lower the payout                                                               
is  in early  years, the  more the  fund will  grow; however,  in                                                               
order  to achieve  something that  is even  over time,  a percent                                                               
return rate should be used.                                                                                                     
                                                                                                                                
CO-CHAIR MEYER  referenced the education  tax credit  bill passed                                                               
last  year  that  had  a  three-year  sunset  and  asked  if  the                                                               
Department of Revenue wanted to  incorporate this tax credit into                                                               
the scholarship bill and whether the sunset should be removed.                                                                  
                                                                                                                                
8:45:31 AM                                                                                                                    
JOHANNA  BALES,  Deputy  Director, Tax  Division,  Department  of                                                               
Revenue, answered  that unfortunately  because the  education tax                                                               
credit did  not take effect until  2011 the division will  not be                                                               
able to  determine whether  the credit  is working  until October                                                               
2012.  She said  incorporating the  tax  credit in  this bill  is                                                               
something that the committee should consider.                                                                                   
                                                                                                                                
CO-CHAIR MEYER  said he thinks  it is  an excellent idea  to have                                                               
corporations help by  making contributions to the  fund. He asked                                                               
if she  knew of any  corporations interested in  participating in                                                               
the program.                                                                                                                    
                                                                                                                                
MS.   BALES  answered   that   there   were  several   interested                                                               
corporations, specifically  Native corporations,  which testified                                                               
last  year  on behalf  of  the  increase  for the  education  tax                                                               
credit.                                                                                                                         
                                                                                                                                
MR. BURNETT commented that he  received an inquiry this year from                                                               
a  corporation interested  in where  it could  put its  money and                                                               
receive this type of a credit.                                                                                                  
                                                                                                                                
MS.  BALES added  that the  credit  for the  contribution to  the                                                               
scholarship  fund is  only allowed  against the  corporate income                                                               
tax. There are  seven other tax types that have  an education tax                                                               
credit. She suggested  that if the committee is  looking for more                                                               
investment from companies it would  be wise to expand that credit                                                               
to all other tax types.                                                                                                         
                                                                                                                                
CO-CHAIR THOMAS referenced  section 17 which states  that the tax                                                               
credit would not take effect until  January 1, 2014. He asked Ms.                                                               
Bales to clarify how this date is tied in to the sunset date.                                                                   
                                                                                                                                
MS.  BALES  answered  that  the education  tax  credit  that  was                                                               
increased last session  has a sunset of January 1,  2014. The way                                                               
that this bill is constructed  would ensure that contributions to                                                               
the education fund would remain intact after the sunset date.                                                                   
                                                                                                                                
MR.  BURNETT  explained  that Section  10  adds  the  scholarship                                                               
contributions and Section 11 extends that to the APS.                                                                           
                                                                                                                                
8:49:45 AM                                                                                                                    
CO-CHAIR  MEYER noted  that  Friday the  committee  will hear  an                                                               
overview  of  the  task  force, which  will  help  the  committee                                                               
understand how  SB 43  and SB  221 blend.  He said  he personally                                                               
supports this  idea and hopes a  scholarship can be put  in place                                                               
that is  both merit-  and needs-based. He  commented that  he has                                                               
heard from some  of the school districts that  are unsure whether                                                               
the requirements  can be met.  He said it  would be good  to hear                                                               
from the  new commissioner in regards  to this issue at  a future                                                               
meeting.                                                                                                                        
                                                                                                                                
CO-CHAIR  THOMAS noted  that  there has  been  discussion on  the                                                               
Amerada HESS  capital income fund  for the  APS. He asked  if Mr.                                                               
Barratt knows the  balance of this fund and the  revenue it spins                                                               
off on an annual basis.                                                                                                         
                                                                                                                                
MR. BURNETT  answered that  he is  not sure,  but believes  it is                                                               
roughly  $435 million.  He explained  that the  income from  that                                                               
fund is being paid into the  Alaska Capital Income Fund, based on                                                               
realized earnings and  the balance in the capital  fund itself is                                                               
around $200  million right now. He  said he is not  sure where it                                                               
stands on an accounting basis based on appropriations.                                                                          
                                                                                                                                
CO-CHAIR  MEYER asked  if the  fund used  to kick  out about  $30                                                               
million per year.                                                                                                               
                                                                                                                                
MR.  BURNETT answered  that it  depends  on the  earnings of  the                                                               
Permanent  Fund  and  how  those   earnings  are  calculated.  He                                                               
continued  that in  2008  it was  $32 million,  2007  it was  $42                                                               
million, and in 2006 it was $36  million; in 2009 and 2010 it was                                                               
zero.                                                                                                                           
                                                                                                                                
SENATOR DAVIS asked if the committee  members had a copy of those                                                               
earnings.                                                                                                                       
                                                                                                                                
CO-CHAIR MEYER  said he  will get everyone  a copy.  He continued                                                               
that  the fund  was a  "pot of  money" that  was very  attractive                                                               
because it could be used for capital projects.                                                                                  
                                                                                                                                
MR. BURNETT replied that for a number of years the income in the                                                                
Amerada HESS Fund went back in as inflation proofing and                                                                        
additions to the amount in the principal of the Permanent Fund.                                                                 
                                                                                                                                
CO-CHAIR MEYER said one recommendation from the task force was                                                                  
to use the earnings of that fund, which is about $30 million per                                                                
year, for the scholarship program.                                                                                              
                                                                                                                                
CO-CHAIR MEYER announced he would keep public testimony open and                                                                
held SB 43 in committee.                                                                                                        

Document Name Date/Time Subjects
Sectional.pdf SEDC 2/2/2011 8:00:00 AM
APS Summary.pdf SEDC 2/2/2011 8:00:00 AM
Fiscal Note 3.pdf SEDC 2/2/2011 8:00:00 AM