Legislature(1997 - 1998)

02/26/1997 09:00 AM Senate HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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      SENATE HEALTH, EDUCATION & SOCIAL SERVICES COMMITTEE                     
                       February 26, 1997                                       
                           9:00 a.m.                                           
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
 Senator Gary Wilken, Chairman                                                 
 Senator Loren Leman, Vice Chairman                                            
 Senator Lyda Green                                                            
 Senator Jerry Ward                                                            
 Senator Johnny Ellis                                                          
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
 All members present.                                                          
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
 SENATE BILL NO. 11                                                            
 "An Act relating to state aid for school construction debt; and               
 providing for an effective date."                                             
                                                                               
  - HEARD AND HELD                                                             
                                                                               
  PREVIOUS SENATE COMMITTEE ACTION                                             
                                                                               
 SB 11 - No previous Senate action.                                            
                                                                               
  WITNESS REGISTER                                                             
                                                                               
 Senator Halford                                                               
 State Capitol                                                                 
 Juneau, Alaska 99801-1182                                                     
  POSITION STATEMENT:   Prime Sponsor of SB 11.                                
                                                                               
 Don Moore, Manager                                                            
 Mat-Su Borough                                                                
 350 Dahlia                                                                    
 Palmer, Alaska 99645                                                          
  POSITION STATEMENT:  Discussed the Mat-Su Borough area.                      
                                                                               
 John Stoltz                                                                   
 PO Box 878738                                                                 
 Wasilla, Alaska 99687                                                         
  POSITION STATEMENT:   Supported SB 11.                                       
                                                                               
 Charles Huggins, Member                                                       
 Mat-Su School Board                                                           
 PO Box 878115                                                                 
 Wasilla, Alaska 99687                                                         
  POSITION STATEMENT:   Discussed the Mat-Su situation.                        
 Maureen Swed, Chair                                                           
 Renovation/Addition Committee for the Talkeetna Elementary School             
 PO Box 646                                                                    
 Talkeetna, Alaska 99676                                                       
  POSITION STATEMENT:   Discussed the Mat-Su commitment to education.          
                                                                               
 Larry Wiget, Director                                                         
 Government Relations for the Anchorage School District                        
 4600 DeBarr Road                                                              
 Anchorage, Alaska 99519                                                       
  POSITION STATEMENT:   Supported SB 11.                                       
                                                                               
 John Cyr, President                                                           
 NEA-AK                                                                        
 Second Street                                                                 
 Juneau, Alaska 99801                                                          
  POSITION STATEMENT:   Indicated support of SB 11.                            
                                                                               
 Eddy Jeans, Manager                                                           
 School Finance Section                                                        
 Department of Education                                                       
 801 W 10th Street, Suite 200                                                  
 Juneau, Alaska 99801-1895                                                     
  POSITION STATEMENT:   Discussed DOE's fiscal note.                           
                                                                               
 Mike Morgan, Manager                                                          
 Facilities Section                                                            
 Department of Education                                                       
 801 W 10th Street, Suite 200                                                  
 Juneau, Alaska 99801-1895                                                     
  POSITION STATEMENT:   Discussed the Bond Reimbursement Grant Review          
                      Committee.                                               
                                                                               
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
  TAPE 97-20, SIDE A                                                           
                                                                               
                                                                               
                SB  11 SCHOOL DEBT REIMBURSEMENT                              
                                                                              
                                                                               
 Number 001                                                                    
                                                                               
  CHAIRMAN WILKEN  called the Senate Health, Education & Social                
 Services Committee (HES) to order at 9:00 a.m. and introduced  SB 11          
 as the only order of business before the committee.                           
                                                                               
  SENATOR HALFORD , Prime Sponsor, noted that in 1990 the ongoing              
 program of bond reimbursement for education was frozen and the cash           
 capital expenditures on education was rewritten.  At that time, the           
 list was to represent the organized and unorganized areas and be              
 able to deal in cash which Senator Halford preferred.  Since that             
 time, the results can be illustrated by the School Construction               
 Grant Fund list and the Major Maintenance Grant Fund list.  The               
 system is not working.  Unless something is done for the organized            
 areas, Senator Halford would not vote for any capital expenditure             
 any where.  SB 11 is a conservative effort, going back to the 50              
 percent point.  The 50 percent approval and voter approval knowing            
 that the local community must pay back 50 percent and is liable for           
 the entire amount if not appropriated is an appropriate safety                
 valve.  Senator Halford believed that the Department of Education             
 (DOE) has a proposed amendment broadening the things that could be            
 used under the proposal which seems reasonable when at 50 percent.            
 Senator Halford said that he would like to see the reimbursement at           
 70 percent, but any more than that would offer potential problems             
 with DOE's amendment.                                                         
                                                                               
 Number 102                                                                    
                                                                               
  SENATOR LEMAN  noted that Colony and Sky View schools were not               
 filled when first built, but are now in use.  There is a school for           
 five children in Southeast Alaska in which the community is                   
 pleased, but the community only requested a restroom.  Senator                
 Leman indicated that care should be taken that actual needs are               
 addressed.                                                                    
                                                                               
  SENATOR HALFORD  directed the committee to the yellow sheet, the             
 Major Maintenance Grant Fund list.  On that list, the largest                 
 single appropriation, number three, is to the richest municipal               
 government in North America.                                                  
                                                                               
  CHAIRMAN WILKEN  referred to page 3, line 29 which says "1997," when         
 asking if SB 11 would pick up those bonds that have already been              
 approved at 70 percent.   SENATOR HALFORD  was not sure.  Senator             
 Halford believed that SB 11 created 50 percent reimbursement going            
 forward, but indicated that he would like it if the bill were                 
 amended to pick up those bonds at 70 percent.  In response to                 
 Chairman Wilken, Senator Halford explained that Mat-Su went to the            
 ballot with $31 million worth of projects which were approved on a            
 70 percent basis.  The money would have been available if Fairbanks           
 voters voted their bond proposal down.                                        
                                                                               
 Number 176                                                                    
                                                                               
  DON MOORE , Manager of the Mat-Su Borough, noted that the Mat-Su             
 Borough is one of the fastest growing areas in Alaska, particularly           
 the school age population.  Based on the demographics, the Mat-Su             
 Borough would need to construct an elementary school a year.                  
 Currently, students are housed in over 60 portables.  The                     
 geographic size of the area and the demographics make it  difficult           
 to shift lines of attendance to address over crowding.  Mr. Moore             
 commented that schools in the Mat-Su are based on prototypical                
 designs which meet basic needs.  The Talkeetna school, an upgrade             
 of a 30 year old building, is the highest priority project.  Mr.              
 Moore stated that Mat-Su has made use of the state bond                       
 reimbursement program in the past and would like to continue.  Mr.            
 Moore appreciated the comparisons between the organized and                   
 unorganized areas with regard to basic need.                                  
                                                                               
  JOHN STOLTZ , Meadow Lakes citizen, said that his district would be          
 most effected by SB 11.  There is a school at a Big Lake which was            
 built for 400 students, but has an enrollment of over 690.  Many of           
 the children in that school are from the Meadow Lakes area.  Meadow           
 Lakes is scheduled for a school.  It is number 47 on the list.  Mr.           
 Stoltz informed the committee that as a result of overcrowding some           
 students were going to be bused over an hour to equalize the                  
 schools.  Students will be bused by some schools to be placed in              
 other schools in order to make the numbers work.  Mr. Stoltz                  
 supported SB 11 and stressed the need to fund the bill as well.               
                                                                               
 Number 260                                                                    
                                                                               
  CHARLES HUGGINS , Mat-Su School Board Member, said that the current          
 situation is confusing.  Mr. Huggins stated that some schools are             
 facing over 40 percent over crowding and now the busing issue                 
 creates further fiscal issues.  The people of Mat-Su want to help             
 themselves, but it is practically impossible to receive 100 percent           
 reimbursement through a bond issue in an organized area.  Mr.                 
 Huggins emphasized that the average person would agree that 70                
 percent is better than 50 percent which is better than 0 percent.             
                                                                               
  MAUREEN SWED , Chair of the Renovation/Addition Committee for the            
 Talkeetna Elementary School, acknowledged that Talkeetna is high on           
 the list after four years of efforts to receive funding.  She                 
 echoed that Mat-Su has shown its commitment to education.  Ms. Swed           
 hoped that the aforementioned amendment would be considered.  Ms.             
 Swed was pleased that SB 11 did not establish a cap which would               
 allow communities to plan for the future.  Ms. Swed asked if a                
 general obligation bond from the state required statewide voter               
 approval and if so, does it have to be in a general election, 1998.           
                                                                               
  SENATOR HALFORD  said that these are general obligations of the              
 municipality.  In response to Ms. Swed, Senator Halford explained             
 that the municipality would seek approval for a bond from the                 
 Department of Education and the voters.  Then a school is built               
 with the proceeds from the bond   and then the state pays a portion           
 of the debt service on those bonds as the bonds come due.                     
                                                                               
  MAUREEN SWED  hoped the Legislature would pass the capital                   
 improvements on educational facilities legislation on a timely                
 basis.                                                                        
                                                                               
  CHAIRMAN WILKEN  announced that a brief at ease would be taken for           
 a press conference.  The committee recessed from 9:25 a.m. to 9:45            
 a.m. at which time the meeting resumed.                                       
                                                                               
 Number 356                                                                    
                                                                               
  LARRY WIGET , Director of Government Relations for the Anchorage             
 School District, supported SB 11.  Mr. Wiget informed the committee           
 of a school bond survey in Anchorage which resulted in more support           
 for bonds with 50 percent state support.  The results of the survey           
 and discussion lead to the board's approval of a proposal for                 
 capital construction which was increased by the Assembly for                  
 $24,595,000.  Currently, there is no state reimbursement for these            
 bonds if the bonds passed.  Therefore, Mr. Wiget requested that the           
 effective date be moved back to an earlier date than July 1, 1997             
 or lift the maximum of AS 14.11.101.                                          
                                                                               
 Mr. Wiget said that a 50 percent or higher state/local match                  
 provides an incentive to voters to approve bonds while allowing the           
 dollar to be stretched to cover school construction.  Further, the            
 match demands public accountability by the local voters who are               
 liable for at least 50 percent of the cost.  Mr. Wiget emphasized             
 that even with a 50 percent match, school districts will have to              
 work to obtain voter support.  Mr. Wiget urged the committee to               
 reinstate the school construction debt reimbursement program at the           
 suggested level or higher and consider a means for those bonds                
 being considered this spring in Anchorage and those approved last             
 fall in Mat-Su.                                                               
                                                                               
  SENATOR LEMAN  stated he intended for the Anchorage bonds to be              
 covered if approved as well as those approved in Mat-Su last fall.            
                                                                               
  SENATOR HALFORD  pointed out that the problem with the Mat-Su bonds          
 is that the bonds were approved at a 70 percent reimbursement.  He            
 would like for those to be covered if there is a window of 70                 
 percent which should cover the Anchorage bonds as well.  The intent           
 of SB 11 is to provide 50 percent going forward, and if possible 70           
 percent before June 1.                                                        
                                                                               
 Number 424                                                                    
                                                                               
  JOHN CYR , President of NEA-AK, said that clearly Mat-Su, Kenai,             
 Fairbanks and Anchorage areas need the state's help to bond for new           
 schools.  Mr. Cyr agreed with Mr. Wiget's testimony that voters are           
 not interested in 100 percent bonds.  SB 11 just begins to address            
 the problem.  Mr. Cyr reiterated the desire to have a higher                  
 reimbursement level.  Mr. Cyr favored picking up the approved bonds           
 in Mat-Su and the upcoming bonds in Anchorage, if possible.                   
                                                                               
  EDDY JEANS , Manager of School Finance for DOE, explained that SB 11         
 amends AS 14.11.100 by adding a new section, under Section 8 of the           
 bill, which allows reimbursement of up to 50 percent for school               
 construction debt incurred after July 1, 1997.  The department's              
 fiscal note is zero because the range of participation cannot be              
 anticipated.  Mr. Jeans explained that under the debt retirement              
 program, school districts must first submit projects to the                   
 department for consideration of eligibility and approval, then the            
 projects must go before the voters of the municipality for                    
 approval.  Then the school district must notify the department of             
 intended reimbursement by October 15 preceding the year for which             
 reimbursement is sought.  Based on that analysis, DOE determined              
 that the first year that the proposed amendment could have a fiscal           
 impact on Alaska is FY99.  Mr. Jeans interpreted SB 11 to bring               
 closure to the 70 percent reimbursement and reopens the program at            
 50 percent reimbursement.                                                     
                                                                               
  SENATOR LEMAN  asked Mr. Jeans if the Anchorage bonds were approved          
 would the bond be covered at 50 percent.   EDDY JEANS  said if the            
 projects were approved by the department with the proper process,             
 the projects would be eligible for reimbursement at the 50 percent            
 level.  SB 11 brings closure of the 70 percent reimbursement and              
 adds a new section establishing a reimbursement of 50 percent.                
                                                                               
  SENATOR HALFORD  interjected that the 70 percent is already closed           
 due to the cap.  The 70 percent only exists on the books.                     
                                                                               
 Number 485                                                                    
                                                                               
  MIKE MORGAN , Manager of the Facilities Section of DOE, informed the         
 committee that the Bond Reimbursement Grant Review committee was              
 established with SB 7.  The committee was charged with reviewing              
 the application process and implementing AS 14.11.  The committee             
 developed a ranking/scoring process which evaluated the need for              
 school capital projects on a statewide basis with no regard to the            
 location of the facility.  The committee also reviewed issues such            
 as prototypes, maintenance standards, facility appraisals, and                
 conditional surveys.  As the department implemented the review                
 process, the process was implemented with regard to grants and                
 resulted in the list for major maintenance and school construction.           
 Mr. Morgan noted that on the bond side, the department recommended            
 that the categories for approvable projects be expanded which would           
 allow districts more freedom in applying for projects.                        
                                                                               
  CHAIRMAN WILKEN  noted the handout passed out by Mr. Morgan.                 
                                                                               
 In order to clarify Senator Leman's question,  SENATOR HALFORD                
 believed that the date in the new paragraph (8) "   authorized by t        
 qualified voter of the municipality on or after July 1, 1997, "              
 would need to be amended depending upon what is determined with the           
 70 percent reimbursement of previously approved bonds or bonds                
 approved before that date.  Senator Halford said that Senator                 
 Leman's concern was correct and could not be fixed with an                    
 interpretation.                                                               
                                                                               
  CHAIRMAN WILKEN  announced that SB 11 would be held for further              
 clarification.  There being no further business before the                    
 committee, the meeting was adjourned at 10:00 a.m.                            
                                                                               

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