Legislature(1997 - 1998)

04/08/1997 06:09 PM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
       SB 11  SCHOOL DEBT REIMBURSEMENT                                        
                                                                               
       SENATOR HALFORD, Sponsor,  testified on  behalf of  the                 
       bill.  Also testifying were MICHAEL MORGAN, LARRY WIGET                 
       and CARL ROSE.   SENATOR  PHILLIPS MOVED Amendment  #1.                 
       SENATOR DONLEY  objected, then withdrew  his objection.                 
       SENATOR PARNELL objected.   Amendment #1 was ADOPTED by                 
       a 5 to 1  vote.  SENATOR TORGERSON MOVED  Amendment #2.                 
       There being no objection, Amendment #2 was ADOPTED.  SB
       11 was HELD for further consideration.                                  
  SENATE BILL NO. 11                                                           
  "An  Act relating to state aid for school construction debt;                 
  and providing for an effective date."                                        
                                                                               
  COCHAIR SHARP noted that representatives from the Department                 
  of Education were  present to speak to the bill,  as was the                 
  bill  sponsor.   He invited  Senator Halford to  address the                 
  committee.                                                                   
                                                                               
  SENATOR HALFORD  indicated he  was available  for questions.                 
  SENATOR  ADAMS inquired  about the retroactivity  clause and                 
  its effect on  long term financial  goals.  SENATOR  HALFORD                 
  responded that  retroactivity applied to reimbursement of up                 
  to seventy percent for  bonds sold with prior approval.   It                 
  would apply to  Mat-Su and Anchorage,  and there had been  a                 
  question  regarding  North  Slope  projects.    It  was  not                 
  intended  to  apply  to  anything   that  had  already  been                 
  accomplished.    It would  apply to  projects that  had been                 
  approved  but not yet had bonds  sold.  If bonds had already                 
  been sold, but departmental approval  had not been received,                 
  they could  go  back  to the  department  to  get  approval.                 
  SENATOR ADAMS  had another  concern which  was covered  in a                 
  draft amendment being copied for submittal to the committee,                 
  according  to  SENATOR  HALFORD.   SENATOR  ADAMS  asked for                 
  comments  on  a  proposal  to  reduce  the  percentage  from                 
  seventy-five to fifty.  SENATOR HALFORD responded that fifty                 
  percent  of  something  was  worth  more  than  seventy-five                 
  percent of  nothing.   SENATOR ADAMS  expressed interest  in                 
  merging  other legislation into  the bill so  there would be                 
  equity  among  school  districts,   particularly  for  rural                 
  Alaska.  SENATOR HALFORD responded  briefly about the nature                 
  of the problem.                                                              
                                                                               
  MICHAEL MORGAN,  Facilities Section  Manager, Department  of                 
  Education, testified in opposition to the  legislation based                 
  on two reasons.  The first related to continued advocacy for                 
  legislation that  addressed statewide needs,  whereas SB  11                 
  only addressed  needs for  communities with  the ability  to                 
                                                                               
                                                                               
  bond.     The  other   reason  was   that  it  ignored   the                 
  prioritization process  currently  used  by  the  department                 
  which the  legislature put  in statute.   In  response to  a                 
  question from  SENATOR ADAMS about a proposal  to reduce the                 
  percentage  to  fifty, MR.  MORGAN  supported it  because it                 
  potentially freed up money for  communities not addressed by                 
  the bill.  In response to  a question from SENATOR PHILLIPS,                 
  he said he was speaking on behalf of the department  and not                 
  the  entire  administration.   There  were requests  for the                 
  department's priority list of projects.  MR. MORGAN informed                 
  the committee that the department had been recommending $100                 
  million annually for statewide construction.                                 
                                                                               
  SENATOR PARNELL brought up  an April 15 ballot in  Anchorage                 
  with a list of school  projects to be 100 percent  funded by                 
  city taxpayers.  The retroactivity clause would make some of                 
  the projects available for reimbursement.  He questioned the                 
  wisdom of reimbursement  versus using  the money to  further                 
  fund  additional   projects.     SENATOR  HALFORD   provided                 
  additional explanation.                                                      
                                                                               
  LARRY  WIGET,  Director,  Government   Relations,  Anchorage                 
  School District, addressed the committee.  He brought up the                 
  issue  of  willingness  of a  community  concerning  overall                 
  indebtedness.    By providing  retroactive  reimbursement at                 
  seventy-five percent,  it lowered bonded  indebtedness which                 
  would allow  communities  to take  on  greater debt  in  the                 
  future, or increase  bond capacity.   Research showed  there                 
  would  be  greater  likelihood for  voters  to  support bond                 
  measures if they knew the funds were available.                              
                                                                               
  There was additional discussion about departmental  approval                 
  of  projects.    MR. MORGAN  offered  explanation  of timing                 
  differences concerning approval.  In  response to a question                 
  from SENATOR PARNELL, MR. MORGAN explained there was  no cap                 
  and districts could  bond for as much as  they chose.  There                 
  had been a statutory limit in the  past.  With the cap there                 
  had been a prioritization process, but under the legislation                 
  there  would  be  none,  so  communities  could  submit  the                 
  projects they chose.                                                         
                                                                               
  In response  to a  question from  SENATOR ADAMS,  MR. MORGAN                 
  stated  the  fiscal   note  addressed   a  portion  of   the                 
  retroactivity  clause  but  did  not  include  the  proposed                 
  amendments which had  been discussed.  There  was additional                 
  discussion  about the  indeterminate  amount of  the  fiscal                 
  note.  SENATOR ADAMS believed  the North Slope Borough would                 
  be eligible, but the bill still  needed to be made equitable                 
  for rural schools.   He reiterated his concern about  how it                 
  would impact the long range financial goal.                                  
                                                                               
  The presence of Senator Donley was noted.                                    
                                                                               
  SENATOR   HALFORD   informed   the   committee   about   the                 
                                                                               
                                                                               
  applicability of the amendment.  It  was not intended to pay                 
  back prior expenditures and had a narrow window.                             
                                                                               
  COCHAIR  SHARP called  for  further questions  or  comments.                 
  There being none,  SENATOR PHILLIPS  MOVED Amendment #1  and                 
  explained  that it dropped the reimbursement percentage from                 
  seventy-five  percent  to  fifty  percent.   SENATOR  DONLEY                 
  objected  for sponsor  comment.    SENATOR  HALFORD  briefly                 
  reiterated his position.   SENATOR DONLEY then  withdrew his                 
  objection.  SENATOR PARNELL objected.   A roll call vote was                 
  taken on the MOTION to adopt Amendment #1.                                   
  IN FAVOR: Donley, Adams, Phillips, Torgerson, Sharp                          
  OPPOSED: Parnell                                                             
  Amendment #1 was ADOPTED by a 5 to 1 vote.                                   
                                                                               
  SENATOR  TORGERSON  MOVED  Amendment  #2.   There  being  no                 
  objection, Amendment #2 was ADOPTED.                                         
                                                                               
  A request was  made of  the department by  COCHAIR SHARP  to                 
  provide  additional  information   regarding  other   school                 
  districts with bond issues that would be  eligible under the                 
  retroactivity clause.  He announced that SB 11 would be HELD                 
  for further consideration.                                                   
                                                                               
  CARL ROSE, Executive Director, Alaska Association of  School                 
  Boards, addressed  the committee,  commenting that  the bill                 
  had been somewhat divisive because it created haves and have                 
  nots.  He didn't  oppose the legislation, but noted  it left                 
  out a large portion of the membership he represented, namely                 
  in the  rural  areas, because  they lacked  the capacity  to                 
  issue bonds.  The main issue was fairness and equity.  Brief                 
  discussion followed MR. ROSE'S comments.                                     
                                                                               
  The presence of COCHAIR PEARCE was noted.                                    
                                                                               
  COCHAIR SHARP stated  that SB 11  would be HELD for  further                 
  consideration and took up HB 58.                                             
                                                                               

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