Legislature(2001 - 2002)

04/11/2002 03:43 PM House HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
HCR 23-LEGISLATIVE COMMITTEES:SPLIT HOUSE HESS                                                                                
                                                                                                                                
CHAIR  DYSON   announced  the  next  order   of  business,  HOUSE                                                               
CONCURRENT  RESOLUTION NO.  23, Proposing  amendments to  Uniform                                                               
Rule 20  of the  Alaska State Legislature;  and providing  for an                                                               
effective date for the amendments.                                                                                              
                                                                                                                                
Number 1660                                                                                                                     
                                                                                                                                
KAREN McCARTHY,  Staff to Representative Con  Bunde, Alaska State                                                               
Legislature,  presented HCR  23 on  behalf of  the House  Special                                                               
Committee  on Education  (HEDU), the  resolution's sponsor.   She                                                               
explained that HCR  23 would amend the Uniform Rules  to create a                                                               
standing  House education  committee;  it  would reconfigure  the                                                               
House Health,  Education and  Social Services  Standing Committee                                                               
(HHES) to be the House  health and social services committee; and                                                               
the Senate  committees would  remain unchanged.   She  noted that                                                               
the change would be in effect for the next legislative session.                                                                 
                                                                                                                                
MS.  McCARTHY  informed  members that  Representative  Guess  had                                                               
first  introduced  this  matter  as HCR  11;  the  House  Special                                                               
Committee on  Education, upon review,  had decided to  sponsor it                                                               
as HCR 23.  She said it  was felt that HEDU has proven beneficial                                                               
to  the legislative  process  by  facilitating focused  committee                                                               
work on education  bills and issues.  She  offered that education                                                               
issues  are complex  and very  important, and  that the  workload                                                               
related  to education  has become  significant and  would benefit                                                               
from the full attention of a permanent, standing committee.                                                                     
                                                                                                                                
MS.  McCARTHY  noted   that  issues  such  as   the  High  School                                                               
Graduation Qualifying  Exam (HSGQE), school  designators, teacher                                                               
shortage,  and education  reform in  general have  benefited from                                                               
the full  attention given  them in  the special  committee [HEDU]                                                               
without  the potential  scheduling  challenges  that HHES  faces.                                                               
She  reported that  HCR 23  is  supported by  the Association  of                                                               
Alaska   School  Boards   and  the   Alaska  Council   of  School                                                               
Administrators.  She  expressed hope that members  would move HCR
23 out  of committee.   She added  that certainly no  offense was                                                               
ever intended to HHES and the good work of its members.                                                                         
                                                                                                                                
Number 1732                                                                                                                     
                                                                                                                                
CARL  ROSE,  Executive  Director, Association  of  Alaska  School                                                               
Boards (AASB),  testified in support  of [HCR 23].   He explained                                                               
that AASB has  a long and positive history of  working with HHES.                                                               
The past two  years, AASB has been working with  HEDU and has had                                                               
a successful  and positive  relationship as well.   He  said that                                                               
due to  the specificity of  education issues, AASB  believes [HCR
23] to  be an [appropriate  measure].  He mentioned  the workload                                                               
of HHES and indicated a  standing education committee would allow                                                               
both  committees sufficient  time  to focus  on their  respective                                                               
issues, which would be of great value to the state.                                                                             
                                                                                                                                
Number 1800                                                                                                                     
                                                                                                                                
CHAIR DYSON  asked Ms.  McCarthy about the  zero fiscal  note and                                                               
the fact that each committee requires a committee aide.                                                                         
                                                                                                                                
MS. McCARTHY replied  that the rationale for the  fiscal note was                                                               
that  no  additional money  would  be  necessary beyond  what  is                                                               
currently being  spent.  Already  there are two  committee aides,                                                               
one  for HHES  and one  for HEDU;  therefore, removing  education                                                               
from HHES would not require employing additional staff.                                                                         
                                                                                                                                
Number 1881                                                                                                                     
                                                                                                                                
REPRESENTATIVE COGHILL remarked that  so many issues addressed in                                                               
creating an  education budget  cross over  into health  and human                                                               
services policies.  He added:                                                                                                   
                                                                                                                                
     Many of the titles now are  coming right out of ... the                                                                    
     federal [Department of Health  and] Human Services, and                                                                    
     many of  the state  laws are coming  right out  of what                                                                    
     we're  doing in  health and  social services.   And  we                                                                    
     find them  combined there  - everything  from childcare                                                                    
     to many  of the mandates  ... that really are  going to                                                                    
     be in the health and social service area.                                                                                  
                                                                                                                                
REPRESENTATIVE COGHILL  asked Ms.  McCarthy whether  this subject                                                               
was discussed in HEDU hearings.                                                                                                 
                                                                                                                                
MS. McCARTHY responded no, not  that she recalled.  She suggested                                                               
members of HHES [who also serve on HEDU] might remember.                                                                        
                                                                                                                                
Number 1918                                                                                                                     
                                                                                                                                
REPRESENTATIVE  KOHRING referenced  Ms. McCarthy's  discussion of                                                               
the  zero fiscal  note  and  suggested there  would  be costs  in                                                               
addition to  the committee aide,  such as for  supplies, computer                                                               
equipment,  teleconference  personnel,  transcribers,  and  other                                                               
costs.  He asked whether those were considered, for example.                                                                    
                                                                                                                                
MS.  McCARTHY  replied  that  those costs  already  exist.    For                                                               
instance,  the recording  secretary [position  in House  Records]                                                               
already exists, although she was  uncertain about the workload of                                                               
the recording  secretaries and whether another  position would be                                                               
warranted if a standing education committee were established.                                                                   
                                                                                                                                
Number 1987                                                                                                                     
                                                                                                                                
REPRESENTATIVE KOHRING said:                                                                                                    
                                                                                                                                
     It's not  that the  extra costs  wouldn't be  worth it;                                                                    
     perhaps  it  would be,  if  we  could have  a  separate                                                                    
     committee  that's focusing  just  on education  issues,                                                                    
     and it  might very well  be worth incurring  some extra                                                                    
     costs  if this  fiscal  note wasn't  correct and  there                                                                    
     would be some overhead that was not reflected there.                                                                       
                                                                                                                                
REPRESENTATIVE KOHRING  added that  he thought  the [legislative]                                                               
processes should  be more  streamlined; this  is being  sought at                                                               
the  agency level.    He  explained that  the  intent  of a  bill                                                               
several  years ago  that  he'd sponsored  was  to streamline  the                                                               
processes  of what  then  were the  Department  of Community  and                                                               
Economic  Development   and  the  Department  of   Community  and                                                               
Regional  Affairs.     He  said  he   espouses  streamlining  and                                                               
suggested  this   might  be  accomplished  by   having  education                                                               
remaining in HHES.                                                                                                              
                                                                                                                                
MS.  McCARTHY offered  that  the  sponsors of  HCR  23 feel  that                                                               
education is a  sufficiently complex and important  area of work,                                                               
as is the health and social  services area.  Considering that all                                                               
of the  necessary pieces  are currently in  place and  both areas                                                               
are very important,  she suggested it would be  beneficial to the                                                               
state to [establish education as a standing committee].                                                                         
                                                                                                                                
MS.  McCARTHY  addressed  efficiency, reporting  that  since  the                                                               
beginning  of the  Twenty-Second  Alaska  State Legislature,  119                                                               
bills have been referred to HHES,  42 bills to HEDU, and 33 bills                                                               
to both committees.   While some [bills] may  have benefited from                                                               
a  second  perspective,  she suggested  members  might  not  know                                                               
whether  it  would  have  been more  efficient  to  avoid  double                                                               
referrals for those 33 bills.                                                                                                   
                                                                                                                                
Number 2081                                                                                                                     
                                                                                                                                
REPRESENTATIVE CISSNA questioned whether  the legislature had the                                                               
"human power" to accomplish  [having another standing committee].                                                               
She suggested that a  test run has been done and  asked if it has                                                               
been problematic for people to work this into their schedules.                                                                  
                                                                                                                                
MS. McCARTHY  replied that  it hadn't appeared  to be  a problem.                                                               
The HEDU  members have been  in attendance for every  meeting for                                                               
which they have been in town, she reported.                                                                                     
                                                                                                                                
Number 2115                                                                                                                     
                                                                                                                                
MR. ROSE  pointed out  that the U.S.  Congress passed  the 1,180-                                                               
page [reauthorization] of the  Elementary and Secondary Education                                                               
Act (ESEA),  the full impact  of which remains undetermined.   He                                                               
said  many  predict that  the  impact  of  this [Act]  to  public                                                               
education will  be akin  to the impact  of the  IDEA [Individuals                                                               
with  Disabilities Education  Act].   He  suggested  the need  is                                                               
great to focus on educational  issues with ESEA's passage and the                                                               
upcoming reauthorization of IDEA.                                                                                               
                                                                                                                                
Number 2146                                                                                                                     
                                                                                                                                
REPRESENTATIVE WILSON  commented that  she has had  the privilege                                                               
of serving on both committees, as  have other members.  She said,                                                               
"I  can't imagine  what one  chairman  would have  done with  all                                                               
this."   She explained that  both chairs had [a  heavy workload].                                                               
She suggested that  with the upcoming issues  in both committees,                                                               
something needs  to be reorganized.   She added, "I  firmly agree                                                               
that  it  should  be  pulled  out  into  two  committees."    She                                                               
explained  that this  doesn't reflect  poorly on  HHES.   Simply,                                                               
many issues  need to be  addressed.  She recommended  passing the                                                               
resolution.                                                                                                                     
                                                                                                                                
Number 2196                                                                                                                     
                                                                                                                                
REPRESENTATIVE   STEVENS   noted   that  he   has   served   with                                                               
Representatives  Wilson and  Joule on  both  HHES and  HEDU.   He                                                               
offered his  impression that  this is  a natural  separation; but                                                               
acknowledged his  lack of an  historical point of reference.   He                                                               
said  he  didn't know  how  HHES  would expand  [otherwise],  and                                                               
mentioned perhaps adding an hour  to those meetings because of so                                                               
much to  address there.   He added  that the  education committee                                                               
has addressed  the Foundation [Formula],  the exit  exam, teacher                                                               
shortage issues,  and student  loan programs.   He  observed that                                                               
this  represents  an  enormous  amount  of  the  budget  and  the                                                               
responsibility that legislators have.   He expressed appreciation                                                               
for  his  opportunity  to  work   with  the  [health  and  social                                                               
services] committee but suggested  that education issues might be                                                               
more than [HHES]  wishes to handle.  He said,  "It seemed to work                                                               
quite well,  and I  would think  it would be  a natural  thing to                                                               
have separate standing committees."                                                                                             
                                                                                                                                
Number 2243                                                                                                                     
                                                                                                                                
CHAIR  DYSON  noted  the  practice of  the  legislature  to  have                                                               
special  committees, some  of which  have continued  for quite  a                                                               
while, to handle  special loads and special issues;  he cited the                                                               
House  Special Committee  on Oil  and Gas  and the  House Special                                                               
Committee   on  Fisheries   as  examples   and  indicated   their                                                               
[duration] is appropriate.   The need for  these committees waxes                                                               
and  wanes  with  economic  and  cultural  conditions,  he  said,                                                               
cautioning  against  taking  lightly  the step  of  [making  them                                                               
standing committees].  He said he'd  be a strong voice in support                                                               
of continuing  the House Special  Committee on  Education, should                                                               
the  need  continue,  but  was unwilling  to  create  a  standing                                                               
committee  based  on  two  years'  experience,  when  one  hadn't                                                               
existed in the prior forty-two years.                                                                                           
                                                                                                                                
Number 2300                                                                                                                     
                                                                                                                                
CHAIR  DYSON also  pointed out  the danger  in a  committee, when                                                               
focused on one specific topic  of special interest to members, of                                                               
becoming an "advocacy group."  He  said one of his mentors on the                                                               
Anchorage Assembly  had said that  as important as  education is,                                                               
it is one of the functions  that government is required to supply                                                               
and shouldn't  get a disproportionate  voice.  He  explained that                                                               
this is  in spite of  how important he  and the people  of Alaska                                                               
believe education to be.                                                                                                        
                                                                                                                                
TAPE 02-31, SIDE B                                                                                                              
Number 2333                                                                                                                     
                                                                                                                                
CHAIR  DYSON observed  that having  too many  committee referrals                                                               
can slow a bill's progress, and  is sometimes used as a method to                                                               
do just  that.  He said  the creation of [HEDU]  was a deliberate                                                               
move for a  special, foreseen need; he indicated  that was wisely                                                               
done, and spoke in favor of  the flexibility.  He reiterated that                                                               
he is  unwilling to put  this committee  into law [as  a standing                                                               
committee] after just two years.                                                                                                
                                                                                                                                
CHAIR DYSON offered  his opinion that if the House  has many more                                                               
committees  than the  Senate, a  "disconnect"  occurs, making  it                                                               
more difficult  for joint hearings  to take place.   He suggested                                                               
that a largely parallel structure  in both bodies works well; the                                                               
greater the  departure from this  structure, the  more difficulty                                                               
is added.   Disagreeing with the premise for a  zero fiscal note,                                                               
he  said the  special committee  is not  a "given,"  whereas [the                                                               
costs will  be certain] if the  committee is put into  state law.                                                               
Furthermore, he  said he couldn't  agree with a zero  fiscal note                                                               
because  costs will  be  incurred for  the  committee, the  aide,                                                               
transcription, supplies, and other incremental costs.                                                                           
                                                                                                                                
Number 2249                                                                                                                     
                                                                                                                                
CHAIR  DYSON turned  attention to  the overlap  of education  and                                                               
health-and-social-services  issues.     He  observed  that  early                                                               
development was,  rightly or wrongly, included  in the department                                                               
of education.   He indicated  that the areas of  juvenile justice                                                               
and   family  and   youth  services   greatly  impact,   and  are                                                               
intertwined with,  education.  As  examples, he  mentioned nurses                                                               
in the  schools who  are mandatory reporters  [of abuse]  and who                                                               
deliver health  services in  the school context,  as well  as the                                                               
Smart Start program.                                                                                                            
                                                                                                                                
CHAIR DYSON  suggested this  has worked well  this year  in large                                                               
part  because  of  the excellent  relationship  between  the  two                                                               
committees' chairs.  Both chairs  were in support [of the special                                                               
committee] and  agreed with the  Speaker [of the House]  that any                                                               
bill  referred  to  one  committee could  be  [upon  the  chair's                                                               
request] referred  to the other  committee.  However,  that might                                                               
not always  be the case.   Specifying that he would  vote "no" on                                                               
this resolution, he  said that if he is reelected  and there is a                                                               
need for  the special committee,  he will  be a strong  voice for                                                               
continuing the [House Special Committee on Education].                                                                          
                                                                                                                                
Number 2145                                                                                                                     
                                                                                                                                
REPRESENTATIVE CISSNA suggested  that an additional consideration                                                               
is  the long-range  fiscal plan,  whether one  is established  or                                                               
not.   If  no plan  is created,  she offered,  "We're looking  at                                                               
maybe dismantling  a lot of  things."  She indicated  that should                                                               
the [legislature]  take responsibility  for the state  and become                                                               
accountable  to the  public that  is paying  for state  services,                                                               
some serious commitments need to  be made to address [health-and-                                                               
social-services  and  education] issues.    She  noted that  some                                                               
bills  [heard  by  HHES]  have  indicated  this  as  well.    She                                                               
highlighted the importance  of addressing why Alaska  is rated so                                                               
low in national studies regarding  health.  She offered that this                                                               
should not  be this way;  to her,  this indicates failure  to the                                                               
public.                                                                                                                         
                                                                                                                                
REPRESENTATIVE  CISSNA  observed  that another  issue,  one  just                                                               
dealt with  by HHES, is medical  services and that the  state has                                                               
not measured  up to what  it was doing in  [1984].  She  said the                                                               
three groups  facing the most  jeopardy right now are  the small-                                                               
business people,  the nonprofits,  and the self-employed.   Those                                                               
require time commitments  in the state.  She said  she would vote                                                               
"yes"  for the  resolution, but  conveyed respect  for the  "very                                                               
thought-provoking and good comments of the chair."                                                                              
                                                                                                                                
Number 2053                                                                                                                     
                                                                                                                                
REPRESENTATIVE STEVENS asked that the  issue of cost be addressed                                                               
again.  The costs of the  committee will continue whether it is a                                                               
special  committee  or a  standing  committee,  he offered.    He                                                               
pointed  out that  the  chair  had indicated  his  support for  a                                                               
continuing  special committee.    He said  the  problems are  not                                                               
going  away; neither  are the  education needs.   Therefore,  the                                                               
legislature's focus on these matters would  not go away.  He said                                                               
a  cost  will  be  incurred  for either  a  standing  or  special                                                               
committee.    He  also  said he  believes  the  legislature  will                                                               
continue to  need an education  committee, which is why  he would                                                               
like to see  it become permanent, thereby relieving  HHES of some                                                               
responsibilities so its members can be more effective.                                                                          
                                                                                                                                
Number 1997                                                                                                                     
                                                                                                                                
REPRESENTATIVE  JOULE moved  to report  HCR 23  out of  committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.                                                                                                                          
                                                                                                                                
REPRESENTATIVE COGHILL objected.                                                                                                
                                                                                                                                
A  roll call  vote  was taken.    Representatives Cissna,  Joule,                                                               
Wilson,  and  Stevens  voted  to  move  HCR  23  from  committee.                                                               
Representatives  Dyson, Kohring,  and Coghill  voted against  it.                                                               
Therefore, HCR 23  was reported from the  House Health, Education                                                               
and Social Services Standing Committee by a vote of 4-3.                                                                        
                                                                                                                                

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