Legislature(1995 - 1996)
04/01/1996 09:04 AM Senate HES
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
SB 301 POSTSECONDARY EDUCATION
Number 002
CHAIRMAN GREEN called the Senate Health, Education and Social
Services (HESS) Committee to order at 9:04 a.m. and introduced
SB 301 as the first order of business before the committee. She
announced that she intended to take testimony, but anticipated some
time constraints. HB 465 will be before the committee again on
Wednesday. She invited any witness interested to submit written
testimony to the HESS committee. Chairman Green asked Mr. Tibbles
to review the changes made to SB 301 since the last meeting.
MIKE TIBBLES, Staff to Senator Green, directed the committee to
page 3 of the Ford draft F dated 3/29/96. Under Section 4, the
specified members were deleted and replaced with "The corporation
shall be the members of the commission." Under subsection (c), the
specific references to the schools were deleted and replaced with
generic language.
SENATOR SALO inquired as to what language was deleted in Section 4.
MIKE TIBBLES stated that the specific references to the members
were deleted and replaced with language saying that the members
will consist of the members of the Alaska Commission on
Postsecondary Education. Under another section of the bill the
members are specified.
SENATOR SALO inquired as to where the commissioners were addressed.
CHAIRMAN GREEN directed Senator Salo to page 17, Section 44; the
members of the corporation are specified in this section.
Number 078
MIKE TIBBLES noted a technical change on page 4, line 19 where
"program" was changed to "programs". At the request of the
Department of Law, subsection (b) was deleted because the
corporation already had the authority to obtain legal counsel. On
page 13, line 26 the existing language "subject to appropriation"
was retained. Mr. Tibbles reiterated that Section 44 specifies
what members are on the commission.
SENATOR MILLER moved that the CSSB 301 Ford version F dated 3/29/96
be adopted in lieu of the original bill for a working document.
Hearing no objection, Ford version F was adopted.
SENATOR SALO noted that this draft has substantive changes and
therefore, hoped that more time to review this draft would be
given.
CHAIRMAN GREEN said that in some brief checks, this draft has not
met any objection. The bill, version C, that came before the
committee was worked on by the Department of Law, the Department of
Education, and the Commission on Postsecondary Education. The
changes in version F were those discussed in the last meeting.
Chairman Green said that legislators do want confirmation and the
bill has been set up accordingly. Chairman Green stated that she
would like to see the bill move out of committee today.
Number 139
SENATOR ELLIS asked if this bill retained legislators on the
Commission of Postsecondary Education. CHAIRMAN GREEN clarified
that the legislative members are only ex officio, non voting,
members as is the student member. This bill has aggressive
language that does not allow persons with special interests to be
appointed as a member.
SENATOR ELLIS asked if SB 301 retained the proposals in the EO.
CHAIRMAN GREEN said that six or seven areas of the EO are
maintained in SB 301. This bill goes further than the EO by
repealing those federal laws that are no longer applicable or
required. The EO was used as the basis for the bill. Chairman
Green believed the main difference between the EO and the bill is
that the bill makes the legislature a part of the confirmation
process. She reiterated the changes pointed out by Mr. Tibbles
earlier. Chairman Green pointed out that the institutional
authorization remains with the commission. There are also some
clean-up items from SB 123. The bill provides that persons
involved with the corporation's institutions will sign an agreement
indicating their intention to provide a good product.
DIANE BARRANS, Executive Director of the Alaska Postsecondary
Education Commission, believed that the program participation
agreement is in existing language.
Number 206
SENATOR ELLIS inquired as to the fate of the WICHE and WAMI
programs under this bill.
CHAIRMAN GREEN referred Senator Ellis to page 2, line 21 where the
WAMI program falls under the University of Alaska and would be
controlled by the Board of Regents. Currently, there are two line
items in the budget concerning the WAMI program; one is in the
university budget and the other is in the Department of Education.
She noted that this was decided in the House.
SENATOR ELLIS asked if the effect would be to eliminate the lines
in the budget. CHAIRMAN GREEN said that it would coordinate the
line items for WAMI. There would be no change to WICHE.
SENATOR SALO expressed concern that the bill allows two boards to
remain although, they are the same people. The legislative
confirmation of the members may or may not create problems with the
bond rating from the Bond Council. Senator Salo pointed out that
there has been a significant change in this draft by making the
members of the corporate board the members of the commission. She
wanted to be sure that this would not jeopardize the bond rating.
She wanted to have more time for that reason. Will this go to
Finance?
CHAIRMAN GREEN replied yes and agreed that concern could be passed
on to Finance. Chairman Green did not believe that anyone wanted
to negatively impact the bond rating. She believed that there was
a provision for the board to continue.
Number 259
SENATOR LEMAN moved that CSSB 301, Ford version F, be reported out
of committee with accompanying fiscal notes and individual
recommendations.
SENATOR ELLIS objected. He did not believe the committee had given
this bill adequate time.
CHAIRMAN GREEN noted that there had been a task force on this for
three weeks. SENATOR ELLIS asked if the task force consisted of
Senator Green, Representative Toohey, and Representative Bunde.
CHAIRMAN GREEN emphasized that the task force was open to anyone
interested. Chairman Green noted that the Department of Law, the
Department of Education, and the Commission on Postsecondary
Education participated. The Department of Law and the Commission
on Postsecondary Education came up with version C of the bill. The
following changes were made by Mr. Ford.
SENATOR ELLIS asked if the Administration supported this version
moving out of the committee. CHAIRMAN GREEN did not know.
Upon a roll call vote, Senators Green, Miller, and Leman voted
"Yea" and Senators Ellis and Salo voted "Nay". Therefore,
CSSB 301(HES), version F, passed out of committee.
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