Legislature(2005 - 2006)SENATE FINANCE 532

05/05/2006 09:00 AM Senate FINANCE


Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Recessed to a Call of the Chair --
-- Recessed to approx. 4:30 pm --
+= HB 105 MEDICAID FOR ADULT DENTAL SERVICES TELECONFERENCED
Moved SCS CSHB 105(FIN) Out of Committee
+= HB 16 SCHOOL FUNDS RELATED TO BOARDING SCHOOLS TELECONFERENCED
Moved SCS CSHB 16(FIN) Out of Committee
+ HB 13 SCHOOL FUNDING & SCHOOL BOND REIMBURSEMNT TELECONFERENCED
Moved SCS CSHB 13(FIN) Out of Committee
+ HB 381 TOBACCO REV. FOR CAPITAL PROJECTS TELECONFERENCED
Heard & Held
+ HB 426 MEDICAL ASSISTANCE/INS COOPERATION TELECONFERENCED
Moved SCS CSHB 426(FIN) Out of Committee
+= HB 484 FISHERY ASSOCIATION REIMBURSEMENT TELECONFERENCED
Moved SCS CSHB 484(FIN) Out of Committee
+ HB 334 MUNICIPAL PROPERTY TAX DEFERRAL/EXEMPTION TELECONFERENCED
Moved SCS CSHB 334(FIN) Out of Committee
+ HB 399 ELDER FRAUD AND ASSISTANCE/OPA TELECONFERENCED
Moved SCS CSHB 399(STA) Out of Committee
+ HB 377 EXEMPTION: RES. BLDG. DRAWINGS & SPECS TELECONFERENCED
Moved SCS CSHB 377(L&C) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
= HCR 30 AK CLIMATE IMPACT ASSESSMENT COMMISSION
Moved SCS CSHCR 30(FIN) Out of Committee
5:29:41 PM                                                                                                                    
                                                                                                                                
                                                                                                                                
     CS FOR HOUSE BILL NO. 13(RLS) am                                                                                           
     "An  Act relating  to reimbursement  of municipal  bonds for                                                               
     school construction; increasing  the base student allocation                                                               
     used  in   the  formula   for  state  financing   of  public                                                               
     education; relating  to the district cost  factors for state                                                               
     funding of public education; relating to school improvement                                                                
     funding; and providing for an effective date."                                                                             
                                                                                                                                
                                                                                                                                
This was  the first hearing for  this bill in the  Senate Finance                                                               
Committee.                                                                                                                      
                                                                                                                                
5:30:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CARL  GATTO, sponsor  of the bill,  testified that                                                               
this bill would authorize reimbursement  of construction bonds at                                                               
a  rate  of  70  percent  for schools  that  meet  Department  of                                                               
Education and  Early Development requirements,  and at a  rate of                                                               
60 percent for other schools.                                                                                                   
                                                                                                                                
AT EASE 5:31:40 PM / 5:32:20 PM                                                                                             
                                                                                                                                
Co-Chair  Green offered  a  motion to  adopt SCS  CS  HB 13,  24-                                                               
LS0062\T,  as a  working  document, and  objected  to receive  an                                                               
explanation.                                                                                                                    
                                                                                                                                
[NOTE: Although  no further action  was taken on this  motion, it                                                               
is assumed  that the  intent of  the Committee  was to  ADOPT the                                                               
committee substitute Version "T".]                                                                                              
                                                                                                                                
AT EASE 5:32:42 PM / 5:32:49 PM                                                                                             
                                                                                                                                
Representative Gatto informed that  the bill contained $2 million                                                               
intended  to include  the North  Slope district  in the  existing                                                               
reimbursement program.  The bill would increase  the Base Student                                                               
Allocation (BSA)  by $461 to a  total of $5,380 per  student, for                                                               
an overall increase of more than  $96 million. It would also fund                                                               
the  Institute  for Social  and  Economic  Research (ISER)  study                                                               
recommendations at  25 percent, which includes  a "hold harmless"                                                               
provision at  a cost of  over $24  million. The ISER  study "hold                                                               
harmless" provision  and associated cost increases  are currently                                                               
funded for a single year only.                                                                                                  
                                                                                                                                
5:34:27 PM                                                                                                                    
                                                                                                                                
CODY  RICE,   Staff  to   Representative  Carl   Gatto,  directed                                                               
attention  to Section  5  of  the bill,  which  contained the  25                                                               
percent   implementation  language.   Section   6  included   the                                                               
effective date, and  Section 11 provided the repeal  date of July                                                               
1, 2007.                                                                                                                        
                                                                                                                                
5:34:57 PM                                                                                                                    
                                                                                                                                
Representative  Gatto reported  that a  School Improvement  Grant                                                               
provision similar  to old  Learning Opportunities  Grants (LOGS),                                                               
would add  $81 per  student, which  amounts to  approximately $10                                                               
million in additional costs.                                                                                                    
                                                                                                                                
Representative  Gatto calculated  the bill's  total increases  as                                                               
$131 million, which  did not include the changes  proposed in the                                                               
committee substitute. The  Finance Committee substitute contained                                                               
provisions for  the public school performance  incentive program,                                                               
which was not part of the sponsor's original legislation.                                                                       
                                                                                                                                
5:35:37 PM                                                                                                                    
                                                                                                                                
Senator  Bunde  stressed  that   although  he  was  aware  school                                                               
districts  have cost  differential struggles,  the proposed  bill                                                               
represented a  one-time temporary assistance grant.  The one-time                                                               
increment  provided for  in the  legislation  was not  calculated                                                               
into  the  BSA, and  should  not  be  considered a  reduction  in                                                               
funding if not repeated the following year.                                                                                     
                                                                                                                                
5:36:23 PM                                                                                                                    
                                                                                                                                
Co-Chair  Wilken indicated  he  was involved  in negotiations  to                                                               
reach a  "middle ground" regarding  school funding.  He asserted,                                                               
however,  that  he  did  not  intend for  his  agreement  to  the                                                               
proposed legislation  to be interpreted  as an indication  of his                                                               
recognition that the ISER study  is valid. Rather, he opined, the                                                               
study was not "worth the paper it is written on."                                                                               
                                                                                                                                
Co-Chair  Green  realized it  would  be  necessary the  following                                                               
legislative  session to  review the  school funding  formula. The                                                               
current legislature had  simply run out of time  to fully address                                                               
the issue.                                                                                                                      
                                                                                                                                
5:37:42 PM                                                                                                                    
                                                                                                                                
Senator Stedman  reiterated that  the proposed legislation  was a                                                               
"temporary solution to an almost  permanent problem." He vowed to                                                               
address the issue  of school funding in a  more permanent fashion                                                               
the following year.                                                                                                             
                                                                                                                                
5:38:03 PM                                                                                                                    
                                                                                                                                
Co-Chair Wilken  interjected that the foundation  funding formula                                                               
was not broken, but actually  functioning well. The complications                                                               
arise from one  component of the formula that  does not recognize                                                               
diminished  class   sizes.  Some   districts  have   had  reduced                                                               
enrollment, and  the current formula  does not  address spreading                                                               
the  fixed costs  of a  school over  a smaller  student body.  He                                                               
recognized   that  aspect   of  the   formula  needs   attention.                                                               
Otherwise, the  formula works well. The  proposed bill recognizes                                                               
that while funding per student  is increasing, student enrollment                                                               
is equal  to what  it was  in 1999. Changes  to the  formula must                                                               
incorporate  an  understanding  that  some  districts  would  see                                                               
increases in enrollment while others would experience declines.                                                                 
                                                                                                                                
5:39:24 PM                                                                                                                    
                                                                                                                                
Senator Stedman  declared that although  the funding  formula may                                                               
not  be broken  in some  districts,  it is  definitely broken  in                                                               
Senate District A.                                                                                                              
                                                                                                                                
5:39:42 PM                                                                                                                    
                                                                                                                                
Senator  Dyson  was  "startled  at  the  cost"  of  the  proposed                                                               
legislation.  He  had  received information  that  suggested  the                                                               
State may have  spent the entire "surplus" of FY  06 revenues and                                                               
could possibly  be creating a  deficit. Legislation such  as this                                                               
bill could exasperate the situation.                                                                                            
                                                                                                                                
5:40:21 PM                                                                                                                    
                                                                                                                                
Co-Chair Green  reminded that the  State had $600 million  in two                                                               
different savings accounts and nearly  $600 million in an account                                                               
designated for pre-funding of K-12 education.                                                                                   
                                                                                                                                
5:40:41 PM                                                                                                                    
                                                                                                                                
Senator Dyson agreed, but noted  that the Committee had witnessed                                                               
$300 million  in "surprises"  in the  previous several  days, and                                                               
maintained his concern.                                                                                                         
                                                                                                                                
5:41:02 PM                                                                                                                    
                                                                                                                                
Senator Stedman  recounted that the  legislature had  committed a                                                               
substantial  amount of  money to  an investment  account for  the                                                               
proposed natural gas  pipeline, and more into a  trust for future                                                               
health and energy needs. He  pointed out that these actions could                                                               
be considered significant savings.                                                                                              
                                                                                                                                
5:41:34 PM                                                                                                                    
                                                                                                                                
Co-Chair  Wilken reminded  members that  the anticipated  revenue                                                               
sharing  appropriations  to   municipalities  would  provide  the                                                               
assemblies  of organized  areas  that  contribute financially  to                                                               
their  local   schools  with  a  supplement.   He  urged  members                                                               
representing those  areas to mobilize  the education  populace of                                                               
their communities to claim that supplement as "education money".                                                                
                                                                                                                                
5:43:04 PM                                                                                                                    
                                                                                                                                
Representative  Gatto  spoke  of  deductions  of  more  than  $24                                                               
million in addition to $10  million distributed through the grant                                                               
provision, resulting in a base of  $35 million less than what was                                                               
appropriated  in the  current fiscal  year. As  the funding  base                                                               
would be smaller, he suggested  the legislature continue the ISER                                                               
funding.                                                                                                                        
                                                                                                                                
5:43:55 PM                                                                                                                    
                                                                                                                                
Co-Chair  Wilken  directed  attention  to  AS  14.11.100(p)(2)(H)                                                               
amended by  Section 3 of CSHB  13(RLS) am, the version  passed by                                                               
the House  of Representatives. That  section would provide  for a                                                               
$2   million   "set-aside"   for  municipalities   with   student                                                               
populations between 1,501 and  1,799 individuals. The "set-aside"                                                               
was  specific to  the  North Slope  Borough,  as those  residents                                                               
"felt  slighted" or  excluded from  the bonding  and grants  that                                                               
were allocated the previous  legislative session. Co-Chair Wilken                                                               
explained that the North Slope  Borough had not been ignored, for                                                               
no request  for capital funding  for education was made  for that                                                               
area. For that reason, the  language granting the $2 million set-                                                               
aside was deleted.                                                                                                              
                                                                                                                                
AT EASE 5:46:00 PM / 5:47:13 PM                                                                                             
                                                                                                                                
5:47:16 PM                                                                                                                    
                                                                                                                                
Senator Hoffman  commented that the  Committee had  not addressed                                                               
school  construction  funding  for  rural  schools.  He  reminded                                                               
members of the Kasayulie case,  which found disparities in school                                                               
construction  funding  between  rural  and  urban  districts.  By                                                               
failing  to address  the school  construction issue,  the problem                                                               
and  the lawsuit  would  be "exasperated".  He  hoped the  school                                                               
construction issue  would be addressed  in the capital  budget in                                                               
the House of Representatives. Were  construction needs of schools                                                               
in  Rural Alaska  not  addressed, the  problems  revealed in  the                                                               
Kasayulie case would continue to escalate.                                                                                      
                                                                                                                                
5:48:46 PM                                                                                                                    
                                                                                                                                
Senator Olson  opposed the  removal of  the $2  million set-aside                                                               
detailed by Co-Chair  Wilken. Bond debt reimbursement  is used to                                                               
fund schools the  borough electorate had voted to  build, and may                                                               
not be included in a list  of identified projects compiled by the                                                               
Department  of  Education  and  Early  Development.  He  recalled                                                               
schools receiving  bond funding  the previous  year that  did not                                                               
appear on  any "list",  and requested  the Department  testify to                                                               
the validity of the North Slope Borough's financial needs.                                                                      
                                                                                                                                
5:50:09 PM                                                                                                                    
                                                                                                                                
EDDY  JEANS, Director,  School  Finance  Division, Department  of                                                               
Education and  Early Development,  stated the he  had not  had an                                                               
opportunity  to review  the request  lists. He  relayed that  the                                                               
North Slope  had held  a bond  election in  November of  2005 and                                                               
approved  a   $2  million  bond  proposition   for  district-wide                                                               
maintenance. The House of Representatives  felt it appropriate to                                                               
include reimbursement for the bond in this bill.                                                                                
                                                                                                                                
5:51:04 PM                                                                                                                    
                                                                                                                                
Senator  Olson  remarked on  the  existence  of school  districts                                                               
throughout  Alaska  attempting  to make  local  contributions  to                                                               
their  schools, as  the  bond  vote in  the  North Slope  Borough                                                               
illustrated.                                                                                                                    
                                                                                                                                
5:51:28 PM                                                                                                                    
                                                                                                                                
Co-Chair Wilken referred  to a February 28,  2006 report prepared                                                               
by the Department titled School  Debt Reimbursement Program [copy                                                               
on  file].  The  report  detailed the  expenses  of  the  bonding                                                               
program.  He  overviewed  the   spreadsheet,  which  listed  bond                                                               
amounts  through 2026,  and noted  a  total bond  amount of  $825                                                               
million  and interest  totaling  $485 million.  He suggested  the                                                               
interest amount  may indicate that "we  may want to pay  cash for                                                               
things like  that". The report  also listed the  numerous schools                                                               
participating  in  the  bond  program,   and  he  concluded  that                                                               
although  it is  an  expensive  program, it  is  also making  the                                                               
Alaska education system a "great system."                                                                                       
                                                                                                                                
5:53:07 PM                                                                                                                    
                                                                                                                                
Amendment #1: This amendment adds a  new bill section to amend AS                                                               
14.11.100(p)(2) by inserting new language to read as follows.                                                                   
                                                                                                                                
                    (H) $2,000,000 to projects in a municipality                                                                
          with a public  school enrollment of at  least 1,501 but                                                               
          less  than  1,800  students in  fiscal  year  2005,  as                                                               
          determined under AS 14.17.500                                                                                         
                                                                                                                                
This language is contained in CS HB 13(RLS)am.                                                                                  
                                                                                                                                
Senator Olson moved for adoption.                                                                                               
                                                                                                                                
Co-Chair Wilken objected.                                                                                                       
                                                                                                                                
AT EASE 5:53:52 PM / 5:54:43 PM                                                                                             
                                                                                                                                
Co-Chair Wilken  reminded that the  Committee had  discussed bond                                                               
reimbursement in  detail the  previous year  and had  received no                                                               
request  from the  North Slope  Borough. He  objected to  funding                                                               
requests  that  did  not  abide   by  the  legislative  committee                                                               
process.                                                                                                                        
                                                                                                                                
5:56:14 PM                                                                                                                    
                                                                                                                                
Senator Olson  conceded Co-Chair  Wilken had "valid  points", but                                                               
countered that schools which were  not "on any list" the previous                                                               
year  received funding  in the  current  year, as  did a  project                                                               
rated  20th on  a priority  list. He  recognized the  process but                                                               
understood that  "extenuating circumstances"  sometimes warranted                                                               
exceptions,  and  appealed  to  the Committee  to  reinstate  the                                                               
language.                                                                                                                       
                                                                                                                                
5:57:06 PM                                                                                                                    
                                                                                                                                
Senator Stedman shared that communities  in his district were not                                                               
included on  the bond reimbursement  list last year, and  did not                                                               
receive  funding.  He  had  received no  advance  notice  to  add                                                               
schools  to  the list  for  "major  maintenance", and  asked  the                                                               
process for obtaining reimbursement.                                                                                            
                                                                                                                                
5:57:56 PM                                                                                                                    
                                                                                                                                
Mr.  Jeans explained  that the  proposed  legislation would  fund                                                               
future  bond action.  If  the bill  passed  the legislature,  the                                                               
program  would be  extended  an additional  two  years under  the                                                               
rates of the  previous year's provision. The  North Slope Borough                                                               
would be  required to hold  another bond election  and re-approve                                                               
the project, as the bill was  not retroactive and applied only to                                                               
debt incurred in the current year.                                                                                              
                                                                                                                                
5:58:25 PM                                                                                                                    
                                                                                                                                
Senator Stedman discussed the Schoenbar  Middle School located in                                                               
the  election  district  he represents,  which  is  undergoing  a                                                               
refurbishment and,  upon completion,  would be required  to apply                                                               
for  addition  to  the  major   maintenance  list  and  for  debt                                                               
reimbursement.  He  asked  how this  situation  compared  to  the                                                               
issues facing the North Slope.                                                                                                  
                                                                                                                                
5:59:00 PM                                                                                                                    
                                                                                                                                
Mr.  Jeans replied  that the  work underway  at Schoenbar  Middle                                                               
School  was  funded using  the  borough's  own finances.  If  the                                                               
proposed legislation  is passed,  the debt  reimbursement program                                                               
will be  re-opened October  1, 2006,  at which  time the  city or                                                               
borough of Ketchikan could choose  to hold an election to approve                                                               
bonding  for the  project. Alternatively,  the  project could  be                                                               
submitted  for  inclusion  in the  capital  improvements  project                                                               
list, where  it would  be ranked and  prioritized along  with all                                                               
other state grant requests.                                                                                                     
                                                                                                                                
5:59:54 PM                                                                                                                    
                                                                                                                                
Senator Stedman  surmised that  the process  for Ketchikan  to be                                                               
reimbursed  for their  work on  the Schoenbar  Middle School  was                                                               
similar to what would be required of the North Slope Borough.                                                                   
                                                                                                                                
6:00:06 PM                                                                                                                    
                                                                                                                                
Senator Olson asked  if any projects in the  North Slope district                                                               
would qualify for reimbursement.                                                                                                
                                                                                                                                
6:00:16 PM                                                                                                                    
                                                                                                                                
Mr. Jeans  presumed many maintenance  projects could  qualify for                                                               
reimbursement,  but the  Borough  had not  submitted  any to  the                                                               
Department for consideration.                                                                                                   
                                                                                                                                
6:00:43 PM                                                                                                                    
                                                                                                                                
Co-Chair Wilken  clarified that the legislature  does not approve                                                               
the projects, it  is only charged with  setting the reimbursement                                                               
limit according to student populations.                                                                                         
                                                                                                                                
6:01:08 PM                                                                                                                    
                                                                                                                                
Mr.  Jeans  affirmed  that  the bill  passed  the  previous  year                                                               
established limits  on specific districts. The  proposed bill did                                                               
not  contain any  limitations,  and would  be  available for  any                                                               
project  that  had received  voter  approval  and for  which  the                                                               
application   process  for   reimbursement  was   completed.  The                                                               
Department would  determine whether the project  qualified for 70                                                               
percent or 60 percent reimbursement.                                                                                            
                                                                                                                                
6:01:42 PM                                                                                                                    
                                                                                                                                
A roll call was taken on the motion.                                                                                            
                                                                                                                                
IN FAVOR: Senator Hoffman and Senator Olson                                                                                     
                                                                                                                                
OPPOSED: Senator Stedman, Senator  Bunde, Senator Dyson, Co-Chair                                                               
Wilken and Co-Chair Green                                                                                                       
                                                                                                                                
The motion FAILED (2-5)                                                                                                         
                                                                                                                                
The amendment FAILED to be adopted.                                                                                             
                                                                                                                                
6:02:18 PM                                                                                                                    
                                                                                                                                
Mr.  Jeans  continued his  testimony  and  overviewed the  fiscal                                                               
notes.  The first  fiscal  note was  for  the debt  reimbursement                                                               
program, and  indicated indeterminate  amounts as  the Department                                                               
did   not   know  the   amounts   districts   would  submit   for                                                               
consideration.  The  second fiscal  note  related  to the  Alaska                                                               
Military Youth  Academy, as its  funding is directly tied  to the                                                               
BSA. The  next fiscal note  represented the increase to  the BSA,                                                               
and totaled $96 million.                                                                                                        
                                                                                                                                
6:04:09 PM                                                                                                                    
                                                                                                                                
Senator  Stedman  requested  information  on the  amount  of  the                                                               
increase to the  BSA over the previous four  years, including the                                                               
current  year's  adjustment.  He  estimated the  increase  at  40                                                               
percent.                                                                                                                        
                                                                                                                                
6:04:38 PM                                                                                                                    
                                                                                                                                
Co-Chair  Wilken reminded  that the  previous year  the Committee                                                               
undertook   an  "historic"   effort  to   address  all   deferred                                                               
maintenance  requests. While  that endeavor  was successful,  the                                                               
deferred maintenance list had once  again approached $200 million                                                               
in the current year.                                                                                                            
                                                                                                                                
6:05:39 PM                                                                                                                    
                                                                                                                                
CARL  ROSE,  Executive  Director, Association  of  Alaska  School                                                               
Boards,  testified  to  thank the  legislature  for  the  efforts                                                               
undertaken.  He  was aware  of  schools  in  other areas  of  the                                                               
country  that were  forced to  close due  to unfunded  retirement                                                               
liabilities  and  an  absence of  state  assistance.  He  thanked                                                               
members for their support in that regard.                                                                                       
                                                                                                                                
6:07:32 PM                                                                                                                    
                                                                                                                                
Representative Gatto excused himself for a previous commitment.                                                                 
                                                                                                                                
STEPHANIE  ALLISON,  Alaska  Kids   Count  Network,  and  parent,                                                               
thanked the  legislature for their  efforts to  maintain adequate                                                               
staffing in  schools. She had  followed the  proposed legislation                                                               
and was supportive of its intent.                                                                                               
                                                                                                                                
6:09:58 PM                                                                                                                    
                                                                                                                                
Senator  Bunde referenced  the chart  titled "Student  Dollar and                                                               
Student Enrollment"  provided by Co-Chair Wilken  [copy on file],                                                               
and  noted  that  while  student  enrollment  had  declined,  the                                                               
student  dollar had  increased "dramatically".  Despite that,  an                                                               
informal poll  taken in  his district  indicated the  majority of                                                               
participants considered school funding "adequate" or "too much".                                                                
                                                                                                                                
6:10:48 PM                                                                                                                    
                                                                                                                                
Co-Chair Wilken  offered a  motion to  report SCS  CS HB  13, 24-                                                               
LS0062\T, from Committee with  individual recommendations and new                                                               
fiscal notes.                                                                                                                   
                                                                                                                                
Without objection  SCS CS  HB 13 (FIN)  was MOVED  from Committee                                                               
with  five fiscal  notes  from the  Department  of Education  and                                                               
Early Development: $96,020,900, dated  5/4/06, for the Foundation                                                               
Program component; $35 million,  dated 5/4/06, for the Foundation                                                               
Program  component;  $646,900,  dated  5/4/06,  for  the  Special                                                               
Schools  component;  $5.8  million,  dated 5/5/06,  for  the  New                                                               
School   Performance   Incentive   Program  component;   and   an                                                               
indeterminate   amount   for   the  School   Debt   Reimbursement                                                               
component.                                                                                                                      
                                                                                                                                

Document Name Date/Time Subjects