Legislature(2011 - 2012)BELTZ 105 (TSBldg)

02/09/2011 08:00 AM Senate EDUCATION


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08:04:41 AM Start
08:05:15 AM SB43
09:05:22 AM Adjourn
* 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  43-ALASKA PERFORMANCE SCHOLARSHIPS                                                                         
                                                                                                                                
8:05:15 AM                                                                                                                    
CO-CHAIR THOMAS  announced the  consideration of  SB 43.  He said                                                               
the  purpose of  the  meeting was  to  continue hearing  proposed                                                               
conceptual amendments for SB 43.                                                                                                
                                                                                                                                
8:06:38 AM                                                                                                                    
CO-CHAIR  MEYER moved  to  adopt Amendment  A.5  as a  conceptual                                                               
amendment.                                                                                                                      
                                                                                                                                
                                               27-GS1893\A.5                                                                    
                    CONCEPTUAL AMENDMENT A.5                                                                                
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE              BY SENATOR THOMAS                                                                       
          TO: SB 43                                                                                                             
                                                                                                                                
     Page 1, lines 2 - 4:                                                                                                       
          Delete "establishing the Alaska performance                                                                         
     scholarship investment fund and the Alaska performance                                                                   
     scholarship award fund and relating to the funds;"                                                                       
          Insert "relating to AlaskAdvantage education                                                                        
     grant  funding and  to  Alaska performance  scholarship                                                                  
     funding  and  establishing  an account  and  funds  for                                                                  
     those  purposes; repealing  the  Alaska capital  income                                                                  
     fund  and a  provision relating  to the  Alaska capital                                                                  
     income fund;"                                                                                                            
                                                                                                                                
     Page 4, line 24:                                                                                                           
          Delete "Sec. 14.43.845."                                                                                            
          Insert "Sec. 14.43.915.  AlaskAdvantage education                                                                   
     grant and"                                                                                                               
                                                                                                                                
     Page 4, line 24, following "The":                                                                                          
          Insert "AlaskAdvantage education grant and"                                                                           
                                                                                                                                
     Page 4, line 26, following "for":                                                                                          
          Insert "AlaskAdvantage education grant awards                                                                         
     under AS 14.43.400 - 14.43.420 and"                                                                                        
                                                                                                                                
     Page 4, line 28, following "pay":                                                                                          
          Insert "grants awarded under AS 14.43.400 -                                                                           
     14.43.420 and"                                                                                                             
                                                                                                                                
     Page 4, line 31, following "awarding":                                                                                     
          Insert "grants under AS 14.43.400 - 14.43.420                                                                         
     and"                                                                                                                       
                                                                                                                                
     Page 5, following line 8:                                                                                                  
     Insert new bill sections to read:                                                                                          
        "* Sec. 9. AS 37.07.020(b) is amended to read:                                                                      
          (b)  In addition to the budget and bills                                                                              
     submitted  under  (a)  of this  section,  the  governor                                                                    
     shall  submit a  capital improvements  program covering                                                                    
     the  succeeding six  fiscal years.  The governor  shall                                                                    
     also   submit  a   fiscal   plan   with  estimates   of                                                                    
     significant  sources   and  uses   of  funds   for  the                                                                    
     succeeding 10 fiscal years. The fiscal plan                                                                                
               (1)  must include sufficient details to                                                                          
     identify                                                                                                                   
               (A)  significant sources of funds;                                                                               
               (B)  significant uses of funds, including                                                                        
     lump sum projections of                                                                                                    
               (i)  operating expenditures;                                                                                     
               (ii)  capital expenditures;                                                                                      
               (iii)  debt service expenditures;                                                                                
               (iv)  fund capitalizations;                                                                                      
               (v)  appropriations of income of the Alaska                                                                      
     permanent fund  (art. IX, sec. 15,  Constitution of the                                                                    
     State of Alaska), if any;                                                                                                  
               (2)  must balance sources and uses of funds                                                                      
     held while  providing for essential state  services and                                                                    
     protecting the economic stability of the state;                                                                            
               (3)  must include projected balances of                                                                          
     significant funds held  in separate accounts, including                                                                    
     the   budget   reserve   fund  (art.   IX,   sec.   17,                                                                    
     Constitution  of  the  State  of  Alaska),  the  public                                                                    
     education fund  (AS 14.17.300), and  the AlaskAdvantage                                                                
     education  grant  and  Alaska  performance  scholarship                                                                
     fund   (AS 37.14.750)  [ALASKA   CAPITAL  INCOME   FUND                                                                
     (AS 37.05.565)];                                                                                                           
               (4)  must set out significant assumptions                                                                        
     used  in  the  projections with  sufficient  detail  to                                                                    
     enable the  legislature to rely  on the fiscal  plan in                                                                    
     understanding,  evaluating,  and  resolving  issues  of                                                                    
     state  budgeting, including  information that  supports                                                                    
     major areas of operating  increases, such as population                                                                    
     demographics  that  affect   the  need  for  particular                                                                    
     government services.                                                                                                       
        * Sec. 10. AS 37.13.145(d) is amended to read:                                                                        
          (d)  Notwithstanding (b) of this section, income                                                                      
     earned on money  awarded in or received as  a result of                                                                    
     State  v.   Amerada  Hess,  et  al.,   1JU-77-847  Civ.                                                                    
     (Superior  Court, First  Judicial District),  including                                                                    
     settlement,  summary  judgment,   or  adjustment  to  a                                                                    
     royalty-in-kind contract  that is  tied to  the outcome                                                                    
     of this  case, or interest  earned on the money,  or on                                                                    
     the earnings of the money  shall be treated in the same                                                                    
     manner as  other income of  the Alaska  permanent fund,                                                                    
     except  that it  is not  available for  distribution to                                                                    
     the  dividend fund  or for  transfers to  the principal                                                                    
     under  (c)  of  this  section, and  shall  be  annually                                                                    
     deposited into  the AlaskAdvantage education  grant and                                                                
     Alaska  performance   scholarship  fund  (AS 37.14.750)                                                                
     [ALASKA CAPITAL INCOME FUND (AS 37.05.565)]."                                                                              
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 5, line 10, following "8A.":                                                                                        
          Insert "AlaskAdvantage Education Grant and"                                                                         
                                                                                                                                
     Page 5, line 11, following "Sec. 37.14.750.":                                                                            
          Insert "AlaskAdvantage education grant and"                                                                         
                                                                                                                                
     Page 5, line 12, following "The":                                                                                          
          Insert "AlaskAdvantage education grant and"                                                                           
                                                                                                                                
     Page 5, line 15:                                                                                                           
          Delete "and"                                                                                                          
                                                                                                                                
     Page 5, line 16, following "assets":                                                                                       
          Insert "; and                                                                                                         
               (4)  money deposited to the fund under                                                                           
     AS 37.13.145(d)"                                                                                                           
                                                                                                                                
     Page 6, line 2, following "the":                                                                                           
          Insert "AlaskAdvantage education grant and"                                                                           
                                                                                                                                
     Page 6, line 3:                                                                                                            
          Delete "AS 14.43.845"                                                                                                 
          Insert "AS 14.43.915"                                                                                                 
                                                                                                                                
     Page 6, line 4, following "award":                                                                                         
          Insert "grants under AS 14.43.400 - 14.43.420                                                                         
     and"                                                                                                                       
                                                                                                                                
     Page 6, line 6, following "the":                                                                                           
          Insert "AlaskAdvantage education grant and"                                                                           
                                                                                                                                
     Page 6, line 11, following "the":                                                                                          
          Insert "AlaskAdvantage education grant and"                                                                           
                                                                                                                                
     Page 6, line 26, following "the":                                                                                      
          Insert "AlaskAdvantage education grant and"                                                                       
                                                                                                                                
     Page 7, line 9, following "the":                                                                                       
          Insert "AlaskAdvantage education grant and"                                                                       
                                                                                                                                
     Page 7, line 11:                                                                                                           
          Delete "is"                                                                                                           
          Insert "and AS 37.05.565 are"                                                                                         
                                                                                                                                
     Page 7, following line 11:                                                                                                 
          Insert a new bill section to read:                                                                                    
         "* Sec. 15.  Section 28, ch.134, SLA 1992, is                                                                      
     repealed."                                                                                                                 
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 8, following line 13:                                                                                                 
     Insert a new bill section to read:                                                                                         
         "* Sec. 19. The uncodified law of the State of                                                                       
     Alaska is amended by adding a new section to read:                                                                         
          TRANSITION:    ALASKA   PERFORMANCE    SCHOLARSHIP                                                                    
     INVESTMENT  FUND.   The money  deposited in  the Alaska                                                                    
     capital  income  fund  established  under  AS 37.05.565                                                                    
     shall   be  transferred   to  the   Alaska  performance                                                                    
     scholarship    investment   fund    established   under                                                                    
     AS 37.14.750 on July 1, 2011."                                                                                             
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 8, line 14:                                                                                                           
          Delete "Section 15"                                                                                                   
          Insert "Section 18"                                                                                                   
                                                                                                                                
     Page 8, line 15:                                                                                                           
          Delete "Section 11"                                                                                                   
          Insert "Section 13"                                                                                                   
                                                                                                                                
     Page 8, line 16:                                                                                                           
          Delete "secs. 16 and 17"                                                                                              
          Insert "secs. 20 and 21"                                                                                              
                                                                                                                                
CO-CHAIR THOMAS objected for the purposes of discussion.                                                                        
                                                                                                                                
CO-CHAIR MEYER said that the  amendment would direct the proceeds                                                               
from the  Amerada Hess  Fund to  be used for  the funding  of the                                                               
scholarship program. He explained that  the Amerada Hess Fund was                                                               
a result of a law suit that took  place in 1977 for the amount of                                                               
$902 million.  The settlement from  this lawsuit was made  into a                                                               
subset   of  the   Permanent  Fund   principal  but   is  tracked                                                               
separately. The  current balance  of that  account is  about $424                                                               
million dollars  and the interest  it generates each year  is the                                                               
amount needed  for the scholarship  fund. He explained  that this                                                               
funding  base was  recommended by  the  Scholarship Funding  Task                                                               
Force and  has been  acceptable to the  members of  the committee                                                               
who he has spoken with.                                                                                                         
                                                                                                                                
SENATOR FRENCH asked for confirmation  that the Amerada Hess Fund                                                               
was a separate subset of the  permanent fund principal and if the                                                               
earnings  of the  fund are  transferred into  the Capital  Income                                                               
Fund.                                                                                                                           
                                                                                                                                
CO-CHAIR MEYER answered yes.                                                                                                    
                                                                                                                                
SENATOR FRENCH asked if any of  the money from the Capital Income                                                               
Fund has been spent.                                                                                                            
                                                                                                                                
8:10:40 AM                                                                                                                    
JERRY   BURNETT,   Deputy    Commissioner,   Treasury   Division,                                                               
Department  of Revenue,  replied that,  generally, there  has not                                                               
been a regular pattern of appropriations from that fund.                                                                        
                                                                                                                                
SENATOR FRENCH said this was his recollection as well.                                                                          
                                                                                                                                
MR.  BURNETT continued  that the  rest of  the Permanent  Fund is                                                               
subject to inflation  proofing; however, none of  the income from                                                               
the Amerada  Hess Fund goes back  into the fund or  the principal                                                               
for  this purpose.  The  income  from the  Amerada  Hess Fund  is                                                               
transferred as net income into the Capital Income Fund.                                                                         
                                                                                                                                
SENATOR FRENCH asked if that was  because of the legal outcome of                                                               
the lawsuit or a practice that was adopted.                                                                                     
                                                                                                                                
MR. BURNETT  replied that  originally the  legislature restricted                                                               
the funds  so it could  not be  used for dividends.  He explained                                                               
that  subsequently, in  2005,  the Capital  Income  Fund and  the                                                               
mechanism for transferring the money  were created. Prior to this                                                               
date, "this  amount had been  included in the  inflation proofing                                                               
every year."                                                                                                                    
                                                                                                                                
SENATOR FRENCH asked what he meant by "this amount".                                                                            
                                                                                                                                
MR.  BURNETT  answered  that  the  corpus  of  the  Amerada  Hess                                                               
settlement was inflation-proofed prior to 2005.                                                                                 
                                                                                                                                
SENATOR FRENCH asked for confirmation  that inflation proofing to                                                               
the fund has stopped since that time.                                                                                           
                                                                                                                                
SENATOR  FRENCH replied  yes,  the  net income  now  goes to  the                                                               
Capital Income Fund.                                                                                                            
                                                                                                                                
CO-CHAIR THOMAS  withdrew his  objection to  conceptual amendment                                                               
A.5. Finding  no further objection, he  announced that conceptual                                                               
amendment A.5 is adopted.                                                                                                       
                                                                                                                                
8:14:07 AM                                                                                                                    
CO-CHAIR  MEYER moved  to  adopt Amendment  A.9  as a  conceptual                                                               
amendment.                                                                                                                      
                                                                                                                                
                                               27-GS1893\A.9                                                                    
                    CONCEPTUAL AMENDMENT A.9                                                                                
                                                                                                                                
     OFFERED IN THE SENATE              BY SENATOR THOMAS                                                                       
          TO: SB43                                                                                                              
                                                                                                                                
     Page 5, line 16, following "assets":                                                                                       
          Insert "and appropriated to the fund"                                                                                 
                                                                                                                                
CO-CHAIR THOMAS objected for the purpose of discussion.                                                                         
                                                                                                                                
8:14:29 AM                                                                                                                    
MURRAY  RICHMOND,  Staff  to  Senator   Joe  Thomas  said  SB  43                                                               
established  a fund  for  scholarships  to be  paid  out of.  The                                                               
intent of this  fund was to generate a five-percent  income to be                                                               
re-deposited. He explained that in  order for the earned interest                                                               
to  be   legally  re-deposited   into  the   fund,  it   must  be                                                               
appropriated.  This  amendment makes  the  earnings  of the  fund                                                               
subject to appropriation.                                                                                                       
                                                                                                                                
CO-CHAIR THOMAS  added that the  amendment would add  a five-word                                                               
phrase to the bill on page 5, line 16.                                                                                          
                                                                                                                                
MR. RICHMOND said  the previous lines, 14 and 15,  state that the                                                               
fund consists of extra appropriations and donations to the fund.                                                                
                                                                                                                                
SENATOR FRENCH asked if the  amendment was designed to reduce the                                                               
likelihood that this fund would be seen as a dedicated fund.                                                                    
                                                                                                                                
MR. RICHMOND replied yes.                                                                                                       
                                                                                                                                
CO-CHAIR  THOMAS  withdrew  his  objection.  Finding  no  further                                                               
objection, he announced that conceptual amendment A.9 passes.                                                                   
                                                                                                                                
8:17:06 AM                                                                                                                    
SENATOR STEVENS  moved to  adopt Amendment  A.10 as  a conceptual                                                               
amendment.                                                                                                                      
                                                                                                                                
                                              27-GS1893\A.10                                                                    
                   CONCEPTUAL AMENDMENT A.10                                                                                
                                                                                                                                
     OFFERED IN THE SENATE                                                                                                      
          TO: SB 43                                                                                                             
                                                                                                                                
     Page 3, line 26, following "regional":                                                                                     
          Insert "or national"                                                                                                  
                                                                                                                                
CO-CHAIR THOMAS objected for the purposes of discussion.                                                                        
                                                                                                                                
SENATOR  STEVENS  explained  that  the  amendment  addresses  the                                                               
conflict between  regional and national accreditation  within the                                                               
scholarship  bill.  He  said  there   are  a  lot  of  legitimate                                                               
institutions  that can  only receive  national accreditation  and                                                               
are thus excluded from the scholarship bill.                                                                                    
                                                                                                                                
8:18:17 AM                                                                                                                    
TIM  LAMKIN,  Staff  to  Senator  Gary  Stevens,  explained  that                                                               
regional   accreditation   includes   traditional   universities;                                                               
whereas   nontraditional   institutions   such   as   faith-based                                                               
institutions,  technical training  schools,  flight schools,  and                                                               
salon/beauty schools are typically  accredited through a national                                                               
agency. These  groups are often recognized  federally through the                                                               
United  States  Department of  Education  and  are authorized  to                                                               
receive federal financial aid. He  explained that, as the bill is                                                               
currently written, there  are some schools where  a student could                                                               
not  apply   their  scholarship  because  the   schools  are  not                                                               
regionally accredited.                                                                                                          
                                                                                                                                
CO-CHAIR THOMAS  turned to the  training program list  created by                                                               
the Alaska Department of Labor  and Workforce Development (DOLWD)                                                               
and asked what the "ETP status" column refers to.                                                                               
                                                                                                                                
MR.  LAMKIN  said   that  he  assumes  it  has  to   do  with  an                                                               
institution's  eligibility  status.  He  referred  the  committee                                                               
members to  Paula Scavera regarding  any further  questions about                                                               
the list.                                                                                                                       
                                                                                                                                
SENATOR FRENCH  asked if  all of the  institutions listed  on the                                                               
DOLWD handout would be eligible for the scholarship.                                                                            
                                                                                                                                
MR. LAMKIN  answered that the  vast majority of  institutions are                                                               
already  eligible. He  noted  that  it is  presumed  that when  a                                                               
student enters an  institution they are aware  of the certificate                                                               
quality  they will  receive and  whether their  scholarship funds                                                               
will apply.                                                                                                                     
                                                                                                                                
SENATOR FRENCH asked if any institution  with an ETP status of "1                                                               
or  2"  were   eligible  for  the  scholarship   program  and  an                                                               
institution with a "3" is not.                                                                                                  
                                                                                                                                
CO-CHAIR THOMAS said DOLWD should respond to that question.                                                                     
                                                                                                                                
SENATOR  STEVENS added  that, currently,  students  can use  loan                                                               
money  from  the  Alaska Commission  on  Postsecondary  Education                                                               
(ACPE) to attend these institutions.                                                                                            
                                                                                                                                
MR. LAMKIN concurred.                                                                                                           
                                                                                                                                
8:22:34 AM                                                                                                                    
DR.  KEITH HAMILTON,  President, Alaska  Christian College,  said                                                               
the  Alaska  Christian  College serves  students  for  two  years                                                               
before they  transfer to a  four-year institution.  He reiterated                                                               
that the college  is FAFSA [Free Application  for Federal Student                                                               
Aid] approved and is in  the process of becoming fully authorized                                                               
by ACPE.   He explained that the college represents  a segment of                                                               
Alaska's students that desire to  have access to this scholarship                                                               
program.  However, the  college  is currently  unable to  receive                                                               
scholarship recipients because it is not regionally accredited.                                                                 
                                                                                                                                
CO-CHAIR THOMAS asked  Ms. Scavera to explain what the  "1, 2 and                                                               
3" eligibility requirements mean.                                                                                               
                                                                                                                                
8:24:31 AM                                                                                                                    
PAULA SCAVERA,  Special Assistant, Commissioner's  Office, Alaska                                                               
Department of Labor and  Workforce Development (DOLWD), explained                                                               
that  the   eligible  training   provider  [ETP]   list  includes                                                               
institutions  where Federal  Workforce  Investment  Funds can  be                                                               
used for training.                                                                                                              
                                                                                                                                
8:25:33 AM                                                                                                                    
DIANE   BARRANS,  Executive   Director,   Alaska  Commission   of                                                               
Postsecondary  Education  (ACPE),  Department  of  Education  and                                                               
Early  Development  (DEED),  said  ACPE  and  DOLWD  have  worked                                                               
closely  to provide  a  list of  schools  and training  providers                                                               
which  will be  eligible to  receive scholarship  recipients. She                                                               
explained  that at  this time  there isn't  a definitive  list of                                                               
eligible  institutions  but   an  application  and  participation                                                               
agreement  has been  developed for  institutions  to submit.  She                                                               
said  that  the  application  is   due  by  March  15th  and  the                                                               
commission hopes  to have  a finalized list  in early  April. She                                                               
explained   that  for   institutions  that   are  not   otherwise                                                               
authorized,  some  evidence  is  required of  its  financial  and                                                               
administrative capacity.                                                                                                        
                                                                                                                                
SENATOR STEVENS  asked her  for confirmation  that the  list will                                                               
only  include Alaska  institutions.  He continued  by asking  her                                                               
what  a qualifying  institution  in Alaska  needs  to include  in                                                               
comparison  to  institutions  that  are located  outside  of  the                                                               
state.                                                                                                                          
                                                                                                                                
MS.  BARRANS answered  that the  commission reviews  the applying                                                               
institution's  financial  information   and  performs  background                                                               
checks  on the  proprietors and  owners. ACPE  also looks  at the                                                               
physical  plant, equipment,  and requests  information on  all of                                                               
the  institution's  training and  trainers.  She  added that  the                                                               
institution must also be physically located in Alaska.                                                                          
                                                                                                                                
SENATOR STEVENS  asked if she  is concerned that this  will allow                                                               
unethical institutions  to offer degrees  in Alaska and  make use                                                               
of these funds.                                                                                                                 
                                                                                                                                
MS.  BARRANS  replied  that  she   believes  the  commission  has                                                               
sufficient  controls in  its regulatory  requirements to  prevent                                                               
that from happening.                                                                                                            
                                                                                                                                
SENATOR FRENCH  pointed out that  the bill already  includes both                                                               
universities and colleges and  career-technical schools. He asked                                                               
how big of a change this amendment would be to the program.                                                                     
                                                                                                                                
MS. BARRANS  answered that the  amendment would add four  or five                                                               
additional institutions.                                                                                                        
                                                                                                                                
SENATOR FRENCH asked how large the current list is.                                                                             
                                                                                                                                
MS. BARRANS  replied that there  isn't a definitive list  but she                                                               
guessed there to be around 40 institutions.                                                                                     
                                                                                                                                
SENATOR  FRENCH   asked  how  many  institutions   are  currently                                                               
qualified to receive students with AlaskAdvantage grants.                                                                       
                                                                                                                                
MS. BARRANS answered about 40.                                                                                                  
                                                                                                                                
SENATOR FRENCH asked whether the  amendment would add to the list                                                               
of institutions that could accept  the AlaskAdvantage grant or if                                                               
the institutions are already included.                                                                                          
                                                                                                                                
MS.  BARRANS   replied  that   these  institutions   are  already                                                               
included.                                                                                                                       
                                                                                                                                
SENATOR FRENCH  asked for confirmation that  this amendment would                                                               
make   the  scholarship   program   more   consistent  with   the                                                               
AlaskAdvantage grant.                                                                                                           
                                                                                                                                
MS. BARRANS concurred.                                                                                                          
                                                                                                                                
SENATOR  FRENCH   asked  if  the  commission   has  already  been                                                               
overseeing  the   same  types  of  grants   that  this  amendment                                                               
envisions.                                                                                                                      
                                                                                                                                
MS. BARRANS answered yes.                                                                                                       
                                                                                                                                
CO-CHAIR  MEYER  explained  that  initially  he  was  afraid  the                                                               
amendment would open up the  program too much. He said, "however,                                                               
I don't  think we should care.  The overall goal is  to raise the                                                               
overall academic  standards of our  K-12 kids." He asked  if this                                                               
was Ms.  Barran's understanding as  well and if she  supports the                                                               
amendment.                                                                                                                      
                                                                                                                                
MS. BARRANS  replied yes; she  would support this  amendment. She                                                               
pointed out  that AVTEC [Alaska  Vocational Technical  School] is                                                               
nationally  accredited but  not  regionally accredited.  However,                                                               
the school would  have been covered under the  process that DOLWD                                                               
has built  with the  commission. Some  of the  other institutions                                                               
could  be covered  in this  regard  as well  but it  is one  more                                                               
bureaucratic step to  take that the regional schools  do not have                                                               
to go through.                                                                                                                  
                                                                                                                                
SENATOR STEVENS  said he  understands Co-Chair  Meyer's concerns.                                                               
He  noted  that the  Alaska  Christian  College is  a  legitimate                                                               
institution which deals  with a lot of students  from rural areas                                                               
of Alaska.                                                                                                                      
                                                                                                                                
CO-CHAIR THOMAS asked  for confirmation that the  list from DOLWD                                                               
is not  necessarily the list  of eligible institutions  who could                                                               
receive  scholarship  recipients;  the institutions  would  still                                                               
need to take the extra step she had discussed earlier.                                                                          
                                                                                                                                
MS. BARRANS answered yes.                                                                                                       
                                                                                                                                
CO-CHAIR  THOMAS  removed  his   objection.  Hearing  no  further                                                               
objection, he announced that Amendment A.10 is adopted.                                                                         
                                                                                                                                
8:37:09 AM                                                                                                                    
CO-CHAIR  MEYER moved  to adopt  Amendment A.11  as a  conceptual                                                               
amendment.                                                                                                                      
                                                                                                                                
                   CONCEPTUAL AMENDMENT A.11                                                                                
                                              27-GS1893\A.11                                                                    
                                                                                                                                
     OFFERED IN THE SENATE              BY SENATOR THOMAS                                                                       
          TO: SB 43                                                                                                             
                                                                                                                                
     Page 1, lines 2 - 4:                                                                                                       
          Delete "establishing the Alaska performance                                                                         
     scholarship investment fund and the Alaska performance                                                                   
     scholarship award fund and relating to the funds;"                                                                       
          Insert "relating to AlaskAdvantage education                                                                        
      grant funding and to Alaska performance scholarship                                                                     
      funding; establishing an account and funds for those                                                                    
     purposes;"                                                                                                               
                                                                                                                                
     Page 3, following line 18:                                                                                                 
     Insert a new bill section to read:                                                                                         
        "* Sec.  5. AS 14.43.825(f),  as enacted by  sec. 5,                                                                
     ch. 14, SLA 2010, is amended to read:                                                                                      
          (f)    Payment  of  a scholarship  is  subject  to                                                                    
     appropriation. [IF INSUFFICIENT  FUNDS ARE APPROPRIATED                                                                    
     TO PAY ALL ELIGIBLE  SCHOLARSHIPS, THE COMMISSION SHALL                                                                    
     PAY EXISTING AWARDS ON A PRO RATA BASIS.]"                                                                                 
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 4, line 24:                                                                                                           
          Delete "Sec. 14.43.845."                                                                                            
          Insert "Sec. 14.43.915.   AlaskAdvantage education                                                                  
     grant and"                                                                                                               
                                                                                                                                
     Page 4, line 24, following "The":                                                                                          
          Insert "AlaskAdvantage education grant and"                                                                           
                                                                                                                                
     Page 4, line 26, following "for":                                                                                          
          Insert  "AlaskAdvantage   education  grant  awards                                                                    
     under AS 14.43.400 - 14.43.420 and"                                                                                        
                                                                                                                                
     Page 4, line 28, following "pay":                                                                                          
          Insert  "grants   awarded  under   AS 14.43.400  -                                                                    
     14.43.420 and"                                                                                                             
                                                                                                                                
     Page 4, line 31, following "awarding":                                                                                     
          Insert  "grants  under  AS 14.43.400  -  14.43.420                                                                    
     and"                                                                                                                       
                                                                                                                                
     Page 5, following line 1:                                                                                                  
     Insert new subsections to read:                                                                                            
          "(c)     The  amount   annually  awarded   by  the                                                                    
     commission   for  payment   of  grants   awarded  under                                                                    
     AS 14.43.400  - 14.43.420  may not  be  less than  one-                                                                    
     third  of the  amount  awarded  for scholarships  under                                                                    
     AS 14.43.810 - 14.43.849.                                                                                                  
          (d)   If  insufficient funds  are appropriated  to                                                                    
     pay   all  eligible   grants   and  scholarships,   the                                                                    
     commissioner  shall divide  the available  fund balance                                                                    
     to provide for  not less than one-third  of the balance                                                                    
     to be paid for grant awards and,                                                                                           
               (1)  if the fund balance on July 1 is less                                                                       
     than $80,000,000,  pay grant and scholarship  awards on                                                                    
     a  pro  rata basis  only  to  eligible individuals  who                                                                    
     received a grant or scholarship in the previous fiscal                                                                     
     year;                                                                                                                      
               (2)  if the fund balance on July 1 is                                                                            
     $80,000,000   or   more,   pay   eligible   grant   and                                                                    
     scholarship   awards   to  eligible   individuals   who                                                                    
     received a grant or scholarship  in the previous fiscal                                                                    
     year and pay all other awards on a pro rata basis."                                                                        
                                                                                                                                
     Page 5, line 10, following "8A.":                                                                                        
          Insert "AlaskAdvantage Education Grant and"                                                                         
                                                                                                                                
     Page 5, line 11, following "Sec. 37.14.750.":                                                                            
          Insert "AlaskAdvantage education grant and"                                                                         
                                                                                                                                
     Page 5, line 12, following "The":                                                                                          
          Insert "AlaskAdvantage education grant and"                                                                           
                                                                                                                                
     Page 6, line 2, following "the":                                                                                           
          Insert "AlaskAdvantage education grant and"                                                                           
                                                                                                                                
     Page 6, line 3:                                                                                                            
          Delete "AS 14.43.845"                                                                                                 
          Insert "AS 14.43.915"                                                                                                 
                                                                                                                                
     Page 6, line 4, following "award":                                                                                         
          Insert "grants under AS 14.43.400 - 14.43.420                                                                         
     and"                                                                                                                       
                                                                                                                                
     Page 6, line 6, following "the":                                                                                           
          Insert "AlaskAdvantage education grant and"                                                                           
                                                                                                                                
     Page 6, line 11, following "the":                                                                                          
          Insert "AlaskAdvantage education grant and"                                                                           
                                                                                                                                
     Page 6, line 26, following "the":                                                                                      
          Insert "AlaskAdvantage education grant and"                                                                       
                                                                                                                                
     Page 7, line 9, following "the":                                                                                       
          Insert "AlaskAdvantage education grant and"                                                                       
                                                                                                                                
     Page 8, line 14:                                                                                                           
          Delete "Section 15"                                                                                                   
          Insert "Section 16"                                                                                                   
                                                                                                                                
     Page 8, line 15:                                                                                                           
          Delete "Section 11"                                                                                                   
          Insert "Section 12"                                                                                                   
                                                                                                                                
     Page 8, line 16:                                                                                                           
          Delete "secs. 16 and 17"                                                                                              
          Insert "secs. 17 and 18"                                                                                              
                                                                                                                                
CO-CHAIR THOMAS objected for the purposes of discussion.                                                                        
                                                                                                                                
MR. RICHMOND  explained that the  amendment ties  the merit-based                                                               
and  needs-based  components  of   the  scholarship  together  by                                                               
establishing  the AlaskAdvantage  Education Fund  and the  Alaska                                                               
Performance Scholarship Fund into a single account.                                                                             
                                                                                                                                
Page 2, line  10, tied the amount of  merit-based scholarships to                                                               
the amount  of needs-based grants. He  said that for every  $3 of                                                               
merit-based scholarships  that are awarded, the  commission would                                                               
award at  least $1 for  needs-based grants. For this  reason, the                                                               
two scholarships would be tied together by one-third.                                                                           
                                                                                                                                
Line  15,  paragraph (d),  would  forward  fund the  account.  He                                                               
explained that this ensures that  enough money would be set aside                                                               
to  fund the  first  cohort of  students. If  the  amount of  the                                                               
AlaskAdvantage and  performance fund dips below  $80 million then                                                               
a new contingency of students  would, most likely, not be funded.                                                               
If  the fund  is $80  million  or more  a new  group of  eligible                                                               
students would  be awarded scholarships  or grants on a  pro rata                                                               
basis.                                                                                                                          
                                                                                                                                
SENATOR STEVENS asked for clarification  that the first cohort of                                                               
students from  year one will  receive full scholarships  for four                                                               
years  and  would  not  be   affected  if,  in  the  future,  the                                                               
scholarship must be given out on a pro rata basis.                                                                              
                                                                                                                                
MR. RICHMOND answered yes.                                                                                                      
                                                                                                                                
SENATOR  STEVENS  said  that  the   needs-based  element  of  the                                                               
scholarship has  been a confrontation between  the administration                                                               
and  the  legislature  and  this  amendment  would  tie  the  two                                                               
components  together  through  the  funding  of  the  scholarship                                                               
program. He  asked why  the ratio  of merit-based  to needs-based                                                               
funding changed from one-quarter to one-third.                                                                                  
                                                                                                                                
MR. RICHMOND  replied that  one-third seemed  to be  a reasonable                                                               
number and  could be  changed at  any time  by the  committee. He                                                               
pointed out  that using the  AlaskAdvantage grant has  included a                                                               
large number of nontraditional students.                                                                                        
                                                                                                                                
SENATOR STEVENS said he would like  to know what the rationale is                                                               
behind the one-third ratio.                                                                                                     
                                                                                                                                
SENATOR FRENCH said  "if you really want it to  be a third, you'd                                                               
have to say $2 for merit-based and $1 for needs-based."                                                                         
                                                                                                                                
CO-CHAIR  THOMAS said  the  wording in  the  amendment says  one-                                                               
third; it does not provide the example given by Mr. Richmond.                                                                   
                                                                                                                                
SENATOR FRENCH said  that there is no right answer;  it is simply                                                               
a policy  call but he  hopes the ratio  does not get  reduced any                                                               
more. He  asked if the  fund that the committee  has appropriated                                                               
will  appear as  a single  line in  the budget  that goes  to the                                                               
governor.                                                                                                                       
                                                                                                                                
MR.  RICHMOND answered  that  this bill  does  not appropriate  a                                                               
single amount.  However, it  does state  that whatever  amount is                                                               
appropriated would be spent in the manner specified by the bill.                                                                
                                                                                                                                
SENATOR FRENCH  said he is  concerned that  if both a  merit- and                                                               
needs-based component  is appropriated,  the governor  could veto                                                               
the needs-based.  He asked if  the governor  would be able  to do                                                               
this under the approach taken by the amendment.                                                                                 
                                                                                                                                
MR. RICHMOND replied that he did not know.                                                                                      
                                                                                                                                
SENATOR FRENCH asked  if there would be one or  two lines for the                                                               
scholarship that goes to the governor.                                                                                          
                                                                                                                                
MR. RICHMOND  answered that if the  bill were to pass  out of the                                                               
Finance Committee it would be a one-line item.                                                                                  
                                                                                                                                
SENATOR FRENCH  asked for clarification  that there would  be one                                                               
scholarship appropriation which  would be divided up  after it is                                                               
signed into law.                                                                                                                
                                                                                                                                
MR.  RICHMOND  replied  "to the  AlaskAdvantage  and  Performance                                                               
Scholarship Fund."                                                                                                              
                                                                                                                                
8:48:24 AM                                                                                                                    
CO-CHAIR  MEYER  explained  that  the  task  force  came  to  the                                                               
conclusion  that  the  one-third  ratio  was  a  good  compromise                                                               
between  all of  the considerations  it had  been given.  He said                                                               
that using  this ratio,  if $20 million  fully funded  the merit-                                                               
based component than about $7  million would be necessary for the                                                               
needs-based  funding.  While this  is  not  the full  amount  for                                                               
needs-based funding, it is well above the minimum.                                                                              
                                                                                                                                
SENATOR STEVENS asked for an  explanation on the wording found on                                                               
page 2, line 13, which read: "may  not be less than" and how this                                                               
would actually play out.                                                                                                        
                                                                                                                                
MR. RICHMOND answered  that if $9 million dollars  was awarded to                                                               
merit-based  scholarships then  $3 million  would be  awarded for                                                               
needs-based scholarships.                                                                                                       
                                                                                                                                
SENATOR STEVENS asked  what would happen if  fewer students apply                                                               
for the needs-based funding and the one-third ratio is not met.                                                                 
                                                                                                                                
8:54:02 AM                                                                                                                    
JEAN  MISCHEL,   Attorney,  Legislative  Affairs,   Alaska  State                                                               
Legislature,  answered that  the "may  not be  less" language  on                                                               
line 13  allows the commission  to award more than  one-third for                                                               
grants. The use  of "shall" on line 16  requires the commissioner                                                               
to divide  insufficient appropriations  in order to  provide one-                                                               
third of the balance to grants.                                                                                                 
                                                                                                                                
She  said that  there  is  a possibility  that  the total  dollar                                                               
amount  of  grant  applicants  may be  less  than  the  one-third                                                               
minimum allowed  in a  given fiscal year.  She explained  that if                                                               
that were  the case, under  the amendment, a decision  would need                                                               
to be made  on how many scholarship applicants  would receive pro                                                               
rata funding.                                                                                                                   
                                                                                                                                
MR.  RICHMOND  suggested  that  it might  be  helpful  to  insert                                                               
language that would allow them  to drop under the one-third ratio                                                               
in this situation.                                                                                                              
                                                                                                                                
CO-CHAIR  THOMAS asked  Ms. Mischel  if  there was  a reason  for                                                               
using "may" in line 13, versus "shall" in line 16.                                                                              
                                                                                                                                
MS.  MISCHEL answered  yes. She  explained that  the "may  not be                                                               
less than" refers  to the ratio for grant awards.  The "shall" in                                                               
line 16 requires the commissioner  to divide the full amount into                                                               
that ratio if  there are insufficient funds  appropriated for all                                                               
eligible grants and scholarships.                                                                                               
                                                                                                                                
CO-CHAIR THOMAS  asked if line 13  is dealing with the  funds and                                                               
the line 16 is dealing with recipients.                                                                                         
                                                                                                                                
MS. MISCHEL  replied that one  is dealing with the  minimum grant                                                               
allocation  of  one-third  and  the other  is  dealing  with  the                                                               
commissioner's duty to make sure that occurs.                                                                                   
                                                                                                                                
8:57:56 AM                                                                                                                    
MS. BARRANS replied  that this section of the  amendment is being                                                               
inserted  into  the  scholarship  section,  labeled  the  "Alaska                                                               
Performance  Scholarship  Award  Fund." She  explained  that  the                                                               
amendment  appears   to  give  direction   both  to   the  Alaska                                                               
Commission  on  Postsecondary  Education in  subsection  (c)  and                                                               
direction to  the commissioner  of the  Department of  Revenue in                                                               
subsection  (d). She  said  that  she did  not  know whether  the                                                               
redirection of  funds, in the event  that there is unmet  need on                                                               
the scholarship side,  is necessary. She explained  that it would                                                               
be helpful,  in this event,  to have  the clarity of  intent from                                                               
the legislature.                                                                                                                
                                                                                                                                
CO-CHAIR THOMAS asked  if she could tell  the committee precisely                                                               
how they need to respond in order to clarify that section.                                                                      
                                                                                                                                
MS. BARRANS replied that she would  need some time to answer that                                                               
question.                                                                                                                       
                                                                                                                                
MS.  MISCHEL  replied  that  she  did  not  intend,  in  drafting                                                               
subsection   (d),  for   the  commissioner   to   refer  to   the                                                               
commissioner  of the  Department of  Revenue. She  suggested that                                                               
the  amendment  would  be  clearer  if,  in  line  16,  the  word                                                               
"commission"  was   used  again,   in  reference  to   ACPE.  She                                                               
reiterated  that there  are  two  funds in  this  bill, and  this                                                               
amendment insertion would go into  the award fund which ACPE uses                                                               
to pay  scholarships and  grants. She  explained that  either the                                                               
commission  could   clarify  what  would  occur   if  the  grants                                                               
submissions  did not  reach the  minimum ratio  or the  amendment                                                               
could be amended to give direction to the commission.                                                                           
                                                                                                                                
CO-CHAIR THOMAS  asked if  a simple  insertion would  be feasible                                                               
for amending the amendment.                                                                                                     
                                                                                                                                
MS. MISCHEL  answered that the  committee could  amend subsection                                                               
(c) on page  2, lines 12-14, to provide an  exception to the one-                                                               
third  minimum,   in  the  event  that   there  are  insufficient                                                               
applications  to meet  that ratio.  She  suggested the  committee                                                               
adopt this as a conceptual amendment to amendment A.11.                                                                         
                                                                                                                                
MS. BARRANS said  she is confused about the  balance reference in                                                               
paragraph 1 of  page 2, line 18, which references  $80 million in                                                               
the fund.  She explained that  because of this reference  she had                                                               
presumed  that  the  fund  in   question  was  the  fund  at  the                                                               
Department  of  Revenue,  not  the  award  fund  which  would  be                                                               
controlled by the commission.                                                                                                   
                                                                                                                                
MS. MISCHEL agreed that this is an ambiguity and the fund should                                                                
be referencing AS 37.14.750.                                                                                                    
                                                                                                                                
CO-CHAIR THOMAS said he will hold Amendment A.11.                                                                               
                                                                                                                                
CO-CHAIR MEYER concurred. He said that there is one other                                                                       
conceptual amendment to be taken up by the committee.                                                                           
                                                                                                                                
CO-CHAIR THOMAS maintained his objection to Amendment A.11 and                                                                  
held SB 43 in committee.                                                                                                        

Document Name Date/Time Subjects
amendment A5.pdf SEDC 2/9/2011 8:00:00 AM
Amendment A9.pdf SEDC 2/9/2011 8:00:00 AM
Amendment A10.pdf SEDC 2/9/2011 8:00:00 AM
amendment A11.pdf SEDC 2/9/2011 8:00:00 AM
amendment A12.pdf SEDC 2/9/2011 8:00:00 AM