Legislature(2015 - 2016)CAPITOL 106
04/01/2016 08:00 AM House EDUCATION
Note: the audio ![]()
and video ![]()
recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.
| Audio | Topic |
|---|---|
| Start | |
| HB298 | |
| HB357 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | HB 298 | TELECONFERENCED | |
| += | HB 357 | TELECONFERENCED | |
HB 357-BOARD OF ED/BOARD OF REGENTS MEMBERS
8:25:29 AM
CHAIR KELLER announced that the final only order of business
would be HOUSE BILL NO. 357, "An Act relating to the Board of
Education and Early Development; and relating to the Board of
Regents of the University of Alaska."
8:26:33 AM
REPRESENTATIVE TALERICO moved to adopt the proposed committee
substitute (CS) for HB 357, Version 29-LS1520\H, Glover,
3/31/16, as the working document. Without objection Version H
was before the committee.
8:26:56 AM
REPRESENTATIVE LIZ VAZQUEZ, Alaska State Legislature, said the
CS removes the Board of Regents, as seating two non-voting
legislative members, and seats them instead on the State Board
of Education and Early Development. She explained that the
constitution directly, and explicitly charges the legislature
with maintaining a system of state education. Legislators are
prohibited from dual office-holding in a position of profit and,
she stressed, this bill does not provide compensation for the
non-voting seats. The legislators will provide a voice, which
may prove critical in times of 90 day legislative sessions. She
cited AS 24.05.050, which reads as follows:
Sec. 24.05.050. Membership on boards and commissions.
A member of the legislature may serve on a board or
commission of the state government only if the
membership of legislators on the board or commission
is specifically authorized by law.
REPRESENTATIVE VAZQUEZ recalled the previous hearing on HB 357
[3/30/16] and the list of 13 boards and commissions that
presently seat members of the legislature. The issue of
separation of power is lessened by the fact that the legislators
seated on the board will be non-voting. The opinions provided
from the attorney general's (AG) office are simply opinions, she
stressed, and only a court has the authority to issue a ruling.
Neither do the opinions that the AG's have offered address the
State Board of Education and Early Development.
8:30:24 AM
SUSAN MCCAULLY, PhD, Interim Commissioner, Department of
Education and Early Development (EED), said the concerns held by
the department mirror those presented at the previous hearing of
HB 357 [3/30/16] by Chris Christensen, which are: separation of
powers doctrine, dual office-holding, and constitutionality of
injecting politics into the educational system. These concerns
are based on the opinion received from the Department of Law
(DOL). The opinion considers it irrelevant whether the members
are voting or non-voting. Neither does it speak to the
difference between the board of education and the boards and
commissions currently seating legislators. The nuance may be
that the board of education is a regulatory board with authority
as the head of the department to direct departmental activities,
but the legal opinion does not distinguish.
8:32:05 AM
REPRESENTATIVE COLVER clarified that the boards of education are
regulatory bodies, and expressed concern for how it could work
out to have a legislator passing statute, as well as
contributing to promulgating regulation. He asked whether that
type of situation would place into question the legality of the
regulations adopted by the board.
DR. MCCAULLY responded that a primary role of the State Board of
Education is in passing legislation to implement statute; it
lacks the authority to opine on whether a statute should or
should not have been adopted. The board then, moves to
promulgate regulation to implement the statute. The action of
having a legislator work to pass statute, then also work to
promulgate regulation to implement the statute, calls into
question the prudency of the arrangement.
8:34:14 AM
CHAIR KELLER said the state board does more than uphold laws, it
provides essential direction and guidance.
8:35:01 AM
DR. MCCAULLY agreed, and said upholding laws is a large part of
the board's authority, and is a role which makes it unique among
the other task forces or advisory boards.
CHAIR KELLER added that the state board also hears disputes and
hires the commissioner.
8:36:36 AM
REPRESENTATIVE VAZQUEZ asked if there is a court decision in
Alaska that prohibits seating a legislator on the board.
DR. MCCAULLY deferred to DOL.
REPRESENTATIVE VAZQUEZ asked whether she is familiar with Title
34, wherein the legislature has the authority to review
regulations issued by the departments.
DR. MCCAULLY responded, "No."
8:37:14 AM
REPRESENTATIVE VAZQUEZ referred to the committee packet and the
three page Legal Services memorandum, dated 3/26/16, with the
subject "Constitutionality of HB 357 (Work Order No. 29-
LS1520\A), issued by Kate S. Glover, Legislative Counsel, page
3, and paraphrased 9 lines into the last paragraph, which read
as follows [original punctuation provided]:
The Alaska Supreme Court has not decided a case
addressing this issue, so I cannot provide a
definitive analysis.
REPRESENTATIVE VAZQUEZ asked whether the commissioner has had an
opportunity to read the opinion.
DR. MCCAULLY responded, "No."
8:38:34 AM
The committee took a brief at-ease at 8:38 a.m.
8:38:41 AM
CHAIR KELLER opened public testimony.
8:40:55 AM
DAVID NEES, stated support for HB 357, and said having a non-
voting member on the board to improve communication would be
helpful. He asked, rhetorically whether members have had
occasion to attend meetings of the Alaska State Board of
Education [a majority of heads nodded]. It's time that the
legislature be at the meetings and send a strong message of
intended involvement.
CHAIR KELLER noted the unanimous nodding of members heads, to
the witness' question.
8:43:09 AM
REPRESENTATIVE VAZQUEZ asked for Mr. Nees background.
MR. NEES said he taught mathematics in the Anchorage School
District (ASD) for 28 years, served on the Sustainable Education
Task Force, and volunteers with the Alaska Policy Forum on
Education, with a focus on historical issues.
8:43:48 AM
CHAIR KELLER closed public testimony.
8:44:00 AM
REPRESENTATIVE SEATON said the constitution may have been
misread for purposes of HB 357, and referred to Article 2, Sec.
5, which read:
No legislator may hold any other office or position of
profit under the United States or the State.
REPRESENTATIVE SEATON pointed out that this statement addresses
two items: position of profit, and dual office-holding. He
opined that the commonsense reading indicates that the school
board is an office, and being a seated member would clearly be
in violation of the dual office-holding prohibition.
Additionally, if the legislator exercises executive branch
powers or duties, the action is likely to violate the separation
of powers doctrine. The Board of Regents are an executive
branch board, and this would be a clear violation of that
doctrine. It would be a similar action to a legislator being
appointed as a deputy commissioner or other departmental head.
A connection should be noted of how the legislature is
responsible for establishing and ensuring the mission of each
department. He described a scenario of a single legislator
being seated on the State Board of Education, representing
either party, entering into negotiations, participating on the
board and charged with implementing statute, while being a
member of the legislative body in control of the budget. As a
participating, non-voting, board member, debating opinion, there
will be a significant amount of influence held by the seat.
Although it may not have been proven as unconstitutional, the
action appears to fly in the face of the oath as sworn to by
legislative members to uphold the state constitution. Opinions
have been received from both the executive and legislative
branch stating that the action represents a dual office-holding
situation, he stressed, and said he cannot support the bill.
8:48:29 AM
CHAIR KELLER noted that constitutional discussions can be lively
and stimulate strong opinions. He pointed out that the AG is
appointed by the governor, and said some situations require
being tested in court. He stated support for the bill.
8:50:42 AM
REPRESENTATIVE TALERICO said the non-voting status changes the
picture, and is what defines how the statute is applied.
8:52:01 AM
REPRESENTATIVE COLVER said that regarding education policy, it
is made via the authority of the committee members. He
suggested this bill puts members on both sides of the table, and
it negates the division that maintains actions to be above
reproach. Further, it is important to reconcile the AG opinions
that have been issued. The bill puts at risk the entire board
process and ties up decisions while the court debates the
legality. Appropriate policy influence is held by the
committee, he opined, and stated opposition to HB 357.
8:55:54 AM
REPRESENTATIVE TALERICO moved to report the proposed committee
substitute (CS) for HB 357, Version 29-LS1520\H, Glover,
3/31/16, out of committee with individual recommendations and
the accompanying fiscal notes.
8:56:15 AM
REPRESENTATIVE SEATON objected.
8:56:20 AM
REPRESENTATIVE SEATON added that the appointment procedure is
specified in the bill indicating that one person will be
selected by the Speaker of the House to serve on the board.
Thus, the House seat is handled through an elected or decisional
process other than the speaker's selection.
8:57:28 AM
CHAIR KELLER pointed out that the Speaker of the House is
selected by the majority of the legislature.
8:57:37 AM
The committee took a brief at-ease at 8:57 a.m.
8:57:44 AM
REPRESENTATIVE SEATON maintained his objection.
A roll call vote was taken. Representatives Talerico, Vazquez,
and Keller voted in favor of CSHB 357. Representatives
Spohnholz, Seaton, Colver, and Drummond voted against it.
Therefore, CSHB 357 failed by a vote of 3-4.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB298 ver CS H.pdf |
HEDC 4/1/2016 8:00:00 AM |
HB 298 |
| CSHB298 ver W.pdf |
HEDC 3/28/2016 8:00:00 AM HEDC 4/1/2016 8:00:00 AM |
HB 298 |
| HB298 Fiscal Note.pdf |
HEDC 3/23/2016 8:00:00 AM HEDC 4/1/2016 8:00:00 AM |
HB 298 |
| HB357 CS ver H.pdf |
HEDC 4/1/2016 8:00:00 AM |
HB 357 |
| HB357 ver. A.PDF |
HEDC 3/28/2016 8:00:00 AM HEDC 4/1/2016 8:00:00 AM |
HB 357 |
| HB357 Sponsors Statement.pdf |
HEDC 3/28/2016 8:00:00 AM HEDC 4/1/2016 8:00:00 AM |
HB 357 |
| HB357 Fiscal Note.pdf |
HEDC 4/1/2016 8:00:00 AM |
HB 357 |
| HB357 Legal Opinion Seaton.pdf |
HEDC 4/1/2016 8:00:00 AM |
HB 357 |
| HB357 Opposition UAA.pdf |
HEDC 4/1/2016 8:00:00 AM |
HB 357 |