Legislature(1993 - 1994)
02/17/1994 01:30 PM House FIN
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
HOUSE FINANCE COMMITTEE
February 17, 1994
1:30 a.m.
TAPE HFC 94-36, Side 1, #000 - end.
TAPE HFC 94-36, Side 2, #000 - end.
TAPE HFC 94-37, Side 1, #000 - 390.
CALL TO ORDER
Co-Chair Larson called the House Finance Committee to order
at 1:30 p.m.
PRESENT
Co-Chair Larson Representative Hoffman
Co-Chair MacLean Representative Martin
Vice-Chair Hanley Representative Navarre
Representative Brown Representative Parnell
Representative Foster
Representatives Therriault and Grussendorf were not present
for the meeting.
ALSO PRESENT
Representative Brian Porter; Representative Harley Olberg;
Margot Knuth, Criminal Division, Department of Law; Karen
Crane, Director, Libraries, Archives and Museums, Department
of Education; George Dozier, Staff, Representative Pete
Kott;
Gary Williams, City Manager, City of Whittier; Helen
Barrett, Alaska anchorage School of Education; Sally Rue,
Juneau Board of Education; Skip Via, Teacher, Fairbanks; Jim
Schaeffer, Bethel; Donna Peterson, Nikiski; Gary Hynes,
Anchorage Cable Company, Zachary Via, Student, Fairbanks;
Jessie Noah, Student, Fairbanks.
SUMMARY INFORMATION
HB 106 "An Act establishing the Alaska education
technology program; and providing for an effective
date."
CSHB 106 (FIN) was reported out of Committee with
individual recommendations and with three fiscal
impact notes, two by the Department of Education,
and one by the Department of Revenue.
HB 313 "An Act relating to suspended imposition of
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criminal sentences and to the period in which
suspension of the imposition of sentence for
conviction of the crime of disorderly conduct may
be authorized."
CSHB 313 (JUD) was reported out of Committee with
a "do pass" recommendation and with six zero
fiscal notes published 2/9/94, two by the
Department of Administration, one by the
Department of Law, one by the Department of Public
Safety, one by the Department of Corrections, and
one by the Alaska Court System.
HB 315 "An Act relating to the unauthorized use of or
unauthorized interference with transmission and
delivery of subscription cable services; and
amending the definition of the offense of theft of
services and the penalties for its violation."
CSHB 315 (JUD) was reported out of Committee with
a "do pass" recommendation and with three zero
fiscal notes, two by the Department of
Administration, published 2/2/94 and one by the
Department of Law.
HB 397 "An Act relating to the power to levy property
taxes in second class cities."
SSHB 397 was reported out of Committee with a "do
pass" recommendation and with a zero fiscal note
by the Department of Community and Regional
Affairs, published 2/4/94.
HOUSE BILL NO. 315
"An Act relating to the unauthorized use of or
unauthorized interference with transmission and
delivery of subscription cable services; and amending
the definition of the offense of theft of services and
the penalties for its violation."
REPRESENTATIVE BRIAN PORTER asserted that CSHB 315 (JUD)
"fills a hole in existing criminal statute within the State
of Alaska." He explained that CSHB 315 (JUD) will allow the
illegal interception and use of cable transmissions to be
controlled. He asserted that current law does not deal
appropriately with the theft of cable transmissions. Two
levels of sanctions are created by CSHB 315 (JUD). Those
that intentionally use the services of illegal apparatus to
capture an unauthorized transmission could be found guilty
of a Class A misdemeanor. Individuals who manufacture, sell
or distribute illegal devices would be charged with a class
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C felony. He stressed that the legislation is especially
important in Alaska due to the small population base.
In response to a question by Co-Chair MacLean,
Representative Porter clarified that a misdemeanor offense
carries less than a year penalty.
MARGOT KNUTH, CRIMINAL DIVISION, DEPARTMENT OF LAW stressed
that CSHB 315 (JUD) gives a value to the theft of cable
services. Theft in the third degree is applicable if the
value of the property taken is between $50 and $500 dollars.
She observed that the legislation would place the value of
the theft of subscription cable serves at between $50 and
$500 dollars, making it a third degree theft. She suggested
that it would be likely that the theft of cable services
will have occurred over several months. However, it would
be difficult to prove that the duration of the theft was
more than a month. A month of cable subscription would be
less than $50.
Ms. Knuth explained that the class C felony offense or
second degree theft offense would apply to those who
knowingly distribute equipment which allows the theft to
occur. She noted that other class C felonies include the
theft of a firearm, taking property from the person of
another and taking property from a vessel or aircraft.
In response to a question by Representative Parnell, Ms.
Knuth clarified that it must be demonstrated that the device
is possessed "for the purpose of intercepting, receiving, or
using a program or other service carried by the subscription
cable system".
Representative Hoffman asked if those acquiring cable
services illegally were required to pay for the service if
reduced rates to subscribers would result. Representative
Porter stressed that cable companies must maximize
subscriptions in order to offer services in rural Alaska.
GARY HYNES, PRIME CABLE, ANCHORAGE emphasized that capital
is needed to expand services into rural areas.
In response to a question by Representative Navarre,
Representative Porter explained that satellite dishes would
not be covered by the legislation.
Co-Chair MacLean MOVED to report CSHB 315 (JUD) out of
Committee with individual recommendations and with the
accompanying fiscal notes. There being NO OBJECTION, it was
so ordered.
CSHB 315 (JUD) was reported out of Committee with a "do
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pass" recommendation and with three zero fiscal notes, two
by the Department of Administration, published 2/2/94 and
one by the Department of Law.
HOUSE BILL NO. 313
"An Act relating to suspended imposition of criminal
sentences and to the period in which suspension of the
imposition of sentence for conviction of the crime of
disorderly conduct may be authorized."
GEORGE DOZIER, STAFF, REPRESENTATIVE PETE KOTT summarized
CSHB 313 (JUD). He noted that the legislation amends AS
12.55.085(a). This section grants authority to the court to
bestow a suspended imposition of sentence in criminal cases.
He noted that aN individual found guilty of violating a
criminal conviction could be put on probation under a
suspended imposition of sentence. If the individual
complies with all the terms and conditions of their
probation, sentence is not imposed and the underlying
judgement is vacated. He explained that the suspended
imposition of sentence (SIS) is generally employed for
offenses that are not of a serious or grave nature. He
observed that SIS's commonly involve youthful offenders.
The SIS is limited to the length of time that the person
could receive as jail time for the crime, under current law.
He noted that some class B misdemeanors are limited to 10 -
90 days of jail time. He maintained that the 10 - 90 days
is not sufficient for the offender to be observed during
suspended imposition of sentence. The legislation would
allow the SIS to be equal to the amount of time a person
could be sentenced to jail or up to one year, whichever is
the greater amount. He noted that only class B misdemeanors
would be effected.
Representative Navarre asked if there would be a fiscal
impact if the probation is increased. Mr. Dozier explained
that the probation does not include active monitoring of the
offender. At the end of the probation period the offender's
file is consulted and if no petitions for revocations have
been filed the judgement is vacated.
In response to a question by Co-Chair MacLean, Mr. Dozier
explained that if an offender commits a violation while on
SIS the court has the ability to revoke probation and impose
the original sentence.
Ms. Knuth observed that the Department of Law, Department of
Corrections and Alaska Court System all support the
legislation. She maintained that CSHB 313 (JUD) allows
courts to use SIS in more cases. She noted that the court
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is not entering SIS's in cases currently due to the short
period of probation. She anticipated that more SIS's will
be issued if the legislation is passed. She emphasized that
the records of offenders will be vacated if they have
complied with the conditions of their probation. She
expounded that the court has requested that SIS's be
expanded to a one year period.
In response to a question by Representative Martin, Ms.
Knuth clarified that Alaska statute addresses which cases
can be granted a SIS. She noted that SIS's cannot be issued
for sexual offenses.
Co-Chair MacLean MOVED to report CSHB 313 (JUD) out of
Committee with individual recommendations and with the
accompanying fiscal notes. There being NO OBJECTION, it was
so ordered.
CSHB 313 (JUD) was reported out of Committee with a "do
pass" recommendation and with six zero fiscal notes
published 2/9/94, two by the Department of Administration,
one by the Department of Law, one by the Department of
Public Safety, one by the Department of Corrections, and one
by the Alaska Court System.
HOUSE BILL NO. 397
"An Act relating to the power to levy property taxes in
second class cities.
REPRESENTATIVE HARLEY OLBERG noted that SSHB 397 was
requested by the City of Whittier. He explained that SSHB
397 would place second class cities at the same level as
first class cities and home rule cities in statute with
regards to their taxing ability. This would allow second
class cities to raise additional revenues. He noted that
second class cities are facing reductions in state shared
funding sources.
Representative Hanley asked if formulas for revenue sharing
(RS) or municipal assistance (MA) would be effected.
Representative Olberg did not believe revenue sharing or
municipal assistance would be effected.
Representative Hanley questioned if educational powers of
cities would be effected. Mr. Olberg stressed that second
class cities would be on an equal footing with first class
and home rule cities in regards to their ability to tax.
Statutes regarding the requirement of first class and home
rule cities to provide education would not be effected.
Representative Hanley expressed concern that second class
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cities would be allowed to tax to the level of first class
cities but would not be allowed to take over education
responsibilities. Representative Olberg reiterated that
there is no intention to impact statutes regarding
education.
Representative Navarre commented that revenue sharing would
be impacted since it is based on local tax effort. He added
that the impact would not be significant.
Representative Hanley noted that AS 29.35.260 states that a
"second class city outside a borough is not a school
district and may not establish a system of public schools."
Representative Martin stressed that increased revenues of
second class cities would allow resolution of more community
problems.
GARY WILLIAMS, CITY OF WHITTIER testified in support of SSHB
397. He emphasized that there are 117 second class cities
in Alaska. He observed that second class cities are
dependent on outside revenue sources such as municipal
assistance and revenue sharing.
Mr. Williams pointed out that the assessed value of real
property in Whittier is $33.5 million dollars. After state
allowed exemptions are deducted the taxable assessed value
is only $8.3 million dollars. He noted that the Alaska
Railroad owns 60 percent of the land in Whittier and is
exempt from paying city tax. At 5 mills the city of
Whittier can only raise $40.0 thousand dollars on assessed
property value. He asserted that: "It is inappropriate to
tie a knot in the shared revenue stream and yet expect
second class cities to not only survive but to be actively
involved in developing local economies." He observed that
the Whittier City Council is in unanimous support of SSHB
397.
Representative Hoffman spoke in support of SSHB 397. He
emphasized that second class cities have grown accustomed to
receiving state support through RS and MA. He stressed that
some second class cities do not collect taxes due to the
inability to administer the paper work involved in
collection of taxes. He asserted that services will be
diminished if a revenue source is not provided to substitute
for lost state support.
(Tape Change, HFC 94-36, Side 2)
Representative Foster MOVED to report SSHB 397 out of
Committee with individual recommendations and with the
accompanying fiscal note.
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Representative Navarre OBJECTED for purpose of discussion.
He expressed support for the legislation's intent but
suggested that a better method might be found.
Mr. Williams clarified, in response to a question by Co-
Chair Larson, that the city of Whittier's accessed value is
reduced by the ownership of exempted railroad land and
facilities.
Co-Chair Larson reiterated the motion to report SSHB 397 out
of Committee with individual recommendations and with the
accompanying fiscal note. There being NO OBJECTION, it was
so ordered.
SSHB 397 was reported out of Committee with a "do pass"
recommendation and with a zero fiscal note by the Department
of Community and Regional Affairs, published 2/4/94.
HOUSE BILL NO. 106
"An Act establishing the Alaska education technology
program; and providing for an effective date."
Representative Brown noted that CSHB 106 (JUD) would create
the Alaska Education Technology Program. She observe that
similar legislation was passed by the House during the
previous legislature. She stressed the need of education
technology.
KAREN CRANE, DIRECTOR, LIBRARIES, ARCHIVES AND MUSEUMS,
DEPARTMENT OF EDUCATION spoke in support of CSHB 106 (JUD).
She noted that most Alaskans cannot access information that
is currently available. She asserted that the
telecommunications network must be available to all
Alaskans, the hardware must be available to access the
network and that training be available. She maintained that
schools and libraries will be able to open up the
"information highway" to students and citizens, and provide
training.
Co-Chair Larson questioned if training for education
technology could be provided as part of a teacher's
recertification. Ms. Crane could not answer.
Ms. Crane anticipated that the legislation would help to
bridge discrepancies which exist between the resources
available in urban and rural areas. She described the SLED
program being offered through the University of Alaska,
Fairbanks.
In response to a question by Representative Parnell, Ms.
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Crane discussed the Department's fiscal note. She observed
that the greatest cost to the Department will be for
training. She explained that the Department will add a
position to an existing position to provide training. The
two training positions will receive clerical support by the
requested clerical position. Contractual money will be
spent on a statewide plan for automation. Contractual money
in subsequent years would be spent on training in rural
areas. She explained that training may be done by video or
on-line.
Ms. Crane explained that only 13 or 14 of the 100 library
positions are professional librarians. She noted that the
Department would attempt to absorb administration costs with
current staff.
Representative Brown expounded that CSHB 106 (JUD) envisions
the creation of the Education Technology Fund that would
provide matching money for school districts and libraries to
implement locally prepared plans. She observed that HB 107
would propose a general obligation bond issue. She observed
that the fiscal note from the Department of Revenue would
not be applicable if the fund is not created. She
maintained that CSHB 106 (JUD) would allow the coordination
of resources and a planned approach for sharing information
that exists. She stressed the advantages of passing CSHB
106 (JUD) separate from HB 107.
JIM SCHAEFFER, COORDINATOR, DISTANCE DELIVER CONSORTIUM
testified via the teleconference network from Bethel. He
noted that the Consortium is composed of four school
districts, the Yukon-Kuskokwim Health Corporation,
University of Alaska, Kuskokwim and KYUP Public Radio and
Television.
Mr. Schaeffer stressed that through their cooperative
agreement agencies are able to deliver training to rural
areas. He noted that teachers can receive in service
training without leaving the villages. He stressed the
importance of electronic mail. He maintained that planning
will allow economies of scale not otherwise possible.
DONNA PETERSON, PRINCIPLE, NORTH STAR ELEMENTARY testified
via the teleconference network from Nikiski. She noted that
a technological focus was implemented when the school opened
seven years ago. There is a four to one computer ratio in
the school. She asserted that the advantages to the
students are "legendary". She maintained that second
graders have mastered division through the use of computers.
She maintained that two weeks of math classes can be
accomplished in a half hour lab. She observed that class
size has been reduced by utilizing para-professionals to man
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labs. She emphasized the improvement of writing skills
through the use of education technology.
HELEN BARRETT, ALASKA ANCHORAGE SCHOOL OF EDUCATION
testified via the teleconference network from Anchorage.
She testified in support of CSHB 106 (JUD). She asserted
that the changes in applications of technology to education
have been dramatic over the past ten years. She noted that
the finding of a 1993 Department of Education study stated
that, "the greatest need of Alaska schools was for training
teachers and administrators to use the existing technology."
She discussed the University of Alaska programs. (Ms.
Barrett's written comments are on file with the House
Finance Committee).
SKIP VIA, ELEMENTARY TEACHER, FAIRBANKS testified via the
teleconference network from Fairbanks. He expressed the
desire to apply for funds for educational technology. He
emphasized that schools should reflect the emergence of
world communication and education technology.
ZACHARY VIA, FOURTH GRADE STUDENT, FAIRBANKS testified via
the teleconference network from Fairbanks. He stated that
he would "die without technology." He asserted that he
survives on technology.
JESSIE NOAH, FOURTH GRADE STUDENT, FAIRBANKS testified via
the teleconference network from Fairbanks in support of CSHB
106 (JUD).
Mr. Skip Via emphasized that computers allow students to
progress at their own rate and to learn independently.
SALLY RUE, JUNEAU testified in support of CSHB 106 (JUD).
She noted that Juneau passed a $1.9 million dollar bond
proposition by 66 percent of the vote in 1993. She asserted
that education technology helps children learn and gives
teachers an effective tool to help meet the diverse needs of
children within the classroom. She added that children have
different learning styles. She maintained that computers
can provide motivation, challenges at different learning
levels, meet the needs of at risk students, integrate
students with disabilities into the classrooms, and increase
reading and writing skills in a non-judgmental way.
Ms. Rue noted that at the middle school level, technology
provides access to resources and communications that bring
real world issues into the classroom. She observed that at
all levels technology can bring a vast array of resource
materials.
Ms. Rue stressed that CSHB 106 (JUD) takes into account that
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school districts have differing capacity for local bonding
and requires local participation.
Ms. Rue added that the legislation is tied to educational
goals.
(Tape Change, HFC 94-37, Side 1)
Ms. Rue added that CSHB 106 (JUD) provides comprehensive
planning of technology and teacher training.
Representative Brown reiterated her intent to move CSHB 106
(JUD) in the absence of legislation to capitalize the fund.
Representative Brown noted that the effective date should be
1994. She MOVED to delete "1993" and insert "1994" on page
9, line 15. There being NO OBJECTION, it was so ordered.
In response to a question by Co-Chair MacLean,
Representative Brown referred to the findings of the Alaska
Instructional Technology Survey, April 1993 by the
Department of Education (copy on file). She noted that 80
percent of the superintendents that responded said that
implementation of educational technology is a medium high or
high priority. She stressed that the legislation will
address the growing disparity between schools.
Ms. Crane clarified that the Commissioner of the Department
of Education supports CSHB 106 (JUD).
Representative Parnell expressed support for the
legislation. He observed the disparity between schools in
his district. Representative Brown noted that it is
difficult to retrofit buildings. She discussed other
reasons for the disparities that exist between schools and
school districts in regards to educational technology.
Representative Brown observed that a matching requirement
was included in the legislation to assure local commitment.
Representative Navarre noted the lack of a coordinated
effort. He observed that some equipment is included with
new school construction. He stressed that old schools have
difficulty finding room in their budgets for additional
items. He noted that class size can be reduced through the
use of educational technology.
Representative Martin referred to the fiscal note by the
Department of Education. Ms. Crane noted that funding for
the Education Technology Committee's travel and per diem is
included in the Department of Education's fiscal note.
Representative Brown reiterated that the Department of
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Revenue's fiscal note will not be needed unless the
appropriation to capitalize the fund is approved.
Representative Brown MOVED to report CSHB 106 (FIN) out of
Committee with individual recommendations and with the
accompanying fiscal notes. There being NO OBJECTION, it was
so ordered.
CSHB 106 (FIN) was reported out of Committee with individual
recommendations and with three fiscal impact notes, two by
the Department of Education, and one by the Department of
Revenue.
ADJOURNMENT
The meeting adjourned at 3:29 p.m.
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