Number 340  SB 135 SCHOOL CONSTRUCTION GRANT PROGRAM  CHAIRMAN MACKIE brought SB 135 before the committee as the final order of business. MARLA BERG , an aide to Senator Adams, said SB 135 deals with the required local contribution for school construction projects. Ms. Berg explained the legislation substitutes a three-part means test for the existing waiver criteria. Under the provisions of this bill, a school district must meet all three criteria established in the bill to have their participating share waived. The three-part test consists of: (1) An assessed valuation per average daily membership of $200,00 or less; (2) An unemployment rate in the district of 10 percent or more; and (3) An average per capita income for residents in the district that is 85 percent or less of the statewide average per capita income. Ms. Berg said although each of these measurements has its own specific shortcomings, the combination of criteria provides the Commissioner of Education a pretty good idea of local economic circumstances. She said Senator Adams feels that school construction projects are badly needed throughout the state, and passage of SB 135 would allow school construction to proceed in an equitable and expeditious manner. Number 358 SENATOR WILKEN asked where the $200,000 assessed valuation of ADM come from. MS. BERG explained that it is in an existing law that passed in 1993. Number 365 EDDY JEANS , School Finance Manager, Department of Education, said in preparing its fiscal note, the Department of Education took the existing major maintenance list and capital improvement list, and using a list of districts that would be eligible under this program, went through and identified those projects that would be eligible for a waiver. Mr. Jeans said he did consider preparing the fiscal note based on the Governor's capital budget, SB 107, but as he reviewed the bill, the school construction grants are to named recipients and it would not fall under the same criteria as the school construction grants. SENATOR WILKEN commented he has a feeling that assessed values in unorganized areas are more of a reflection of a formula that generates a number rather than something having to do with the free market establishing value. He cautioned not to compare the two and count them as being equal. MS. BERG agreed with Senator Wilken's comments, and she added that for any community with a population of under 750, they don't go out and really assess the value of the area. There being no further testimony, CHAIRMAN MACKIE asked for the pleasure of the committee on SB 135. SENATOR WILKEN moved SB 135 and the accompanying fiscal notes be passed out of committee with individual recommendations. SENATOR DONLEY objected and stated he doesn't agree with the legislation. The roll was taken with the following result: Senators Wilken, Hoffman, Phillips, and Mackie voted "Yea" and Senator Donley voted "Nay." The Chairman stated the motion carried.