Legislature(2019 - 2020)BELTZ 105 (TSBldg)

04/26/2019 01:30 PM Senate JUDICIARY

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 52 ALCOHOLIC BEVERAGE CONTROL; ALCOHOL REG TELECONFERENCED
Moved CSSB 52(JUD) Out of Committee
+= HB 12 PROTECTIVE ORDERS TELECONFERENCED
Moved SCS CSHB 12(JUD) Out of Committee
+ Bills Previously Heard/Scheduled: TELECONFERENCED
+= SJR 9 CONST.AM: APPROP. BILL FOR PUBL EDUCATION TELECONFERENCED
Moved CSSJR 9(JUD) Out of Committee
        SJR 9-CONST.AM: APPROP. BILL FOR PUBL EDUCATION                                                                     
                                                                                                                                
2:14:43 PM                                                                                                                    
CHAIR HUGHES reconvened the meeting.  She announced that the next                                                               
order  of  business  would  be SENATE  JOINT  RESOLUTION  NO.  9,                                                               
Proposing amendments to  the Constitution of the  State of Alaska                                                               
relating to  an appropriation bill  funding public  education for                                                               
grades kindergarten through 12.                                                                                                 
                                                                                                                                
2:15:01 PM                                                                                                                    
SENATOR   MICCICHE  moved   to  adopt   the  proposed   committee                                                               
substitute  (CS) for  SJR 9,  work  order 31-LS0561\E,  Caouette,                                                               
4/25/19, as the working document.                                                                                               
                                                                                                                                
CHAIR HUGHES objected for discussion purposes.                                                                                  
                                                                                                                                
2:15:25 PM                                                                                                                    
REGINA  LARGENT,  Staff,  Senator Shelley  Hughes,  Alaska  State                                                               
Legislature,  Juneau, reviewed  the  "Explanation  of Changes  in                                                               
Committee Substitute for CSSJR 9 Version S to E."                                                                               
                                                                                                                                
     Title  Changes:  The following  has  been  added to  or                                                                    
     removed from the  title in order to  conform to changes                                                                    
     and added provisions;                                                                                                      
                                                                                                                                
     ? REMOVED:  relating to  an appropriation  bill funding                                                                    
     of public education grades kindergarten through 12                                                                         
                                                                                                                                
     ? ADDED:  relating forward funding of  public education                                                                    
     grades kindergarten through 12                                                                                             
                                                                                                                                
MS. LARGENT presented the sectional analysis for SJR 9.                                                                         
                                                                                                                                
     Section 1: The proposed  separate appropriation bill in                                                                    
     Version S is removed,  thereby leaving Article IX, sec.                                                                    
     12, Constitution of the State of Alaska unchanged.                                                                         
                                                                                                                                
                                                                                                                                
2:16:32 PM                                                                                                                    
MS. LARGENT turned to Section 2.                                                                                                
                                                                                                                                
     Section 2:  Adds a new  subsection to Article  IX, sec.                                                                    
     12,  Constitution of  the State  of  Alaska to  require                                                                    
     continued  forward funding  of public  education grades                                                                    
     kindergarten through  grade 12 (K-12) with  a mechanism                                                                    
     for enactment  should education forward funding  for FY                                                                    
     2022 in  the FY  2021 operating  budget take  effect as                                                                    
     well  as  a separate  mechanism  for  enactment if  the                                                                    
     education forward  funding for FY  2022 in the  FY 2021                                                                    
     operating budget  does not occur. The  section includes                                                                    
     a  release  valve in  the  event  of extreme  budgetary                                                                    
     constraints in  the transition year, but  the effective                                                                    
     date for the constitutional  amendment may not be later                                                                    
     than January 1, 20263 .                                                                                                    
                                                                                                                                
MS. LARGENT explained  that Section 2 would add  a new subsection                                                               
to the Constitution  of the State of Alaska  to continue forward-                                                               
funding  of   public  education  grades  K-12   with  a  separate                                                               
mechanism for  enactment if education  forward-funding for  FY 22                                                               
in the FY 21 operating budget  take effect. She said this section                                                               
contains  a  release valve  in  the  event of  extreme  budgetary                                                               
constraints in  the transition year,  but the effective  date for                                                               
the constitutional  amendment may  not be  later than  January 1,                                                               
2026.                                                                                                                           
                                                                                                                                
2:17:41 PM                                                                                                                    
CHAIR  HUGHES remarked  on the  transition  language. She  stated                                                               
that last year the  legislature forward-funded [public education]                                                               
and is doing so this year.  The legislature would like to forward                                                               
fund [public education] next year.  However, if something were to                                                               
occur such as  a 9.9 magnitude earthquake, oil  prices dropped to                                                               
$20 per barrel, or some  unforeseen thing occurred the transition                                                               
language  provides a  release valve.  She explained  that if  the                                                               
legislature  forward funded  public education  for next  year, in                                                               
the FY  22 operating budget, this  would just "go into  stone and                                                               
continue on if  it were passed by the voters."  If something dire                                                               
occurred and the legislature did  not forward fund education next                                                               
year, she  said that the relief  valve provision on page  2, line                                                               
12,  would apply.  She  reiterated that  if  the legislature  did                                                               
forward  fund education,  the constitutional  amendment would  go                                                               
into effect  and every year  from there  on out would  be forward                                                               
funded, but  the effective date for  the constitutional amendment                                                               
may not be later than January 1, 2026.                                                                                          
                                                                                                                                
2:19:04 PM                                                                                                                    
CHAIR   HUGHES  explained   that  this   would  also   allow  the                                                               
legislature to  save for that second  year. She said that  is one                                                               
of the  things that might be  a little confusing for  the voters.                                                               
She said she hopes  that it is the will of  the committee to move                                                               
this resolution. She would hope  that next year during the normal                                                               
budget process forward-funding [of  public education] would be in                                                               
place, which  would allow in  the next committee of  referral for                                                               
this language to be removed  and the language would be simplified                                                               
for the voters.                                                                                                                 
                                                                                                                                
She said  she appreciates that  the sponsor highlighted  the pink                                                               
slip. She  highlighted that  the state has  always had  a problem                                                               
recruiting  and retaining  teachers in  Alaska, in  particular in                                                               
the rural areas. She emphasized  that fewer people are going into                                                               
the teaching profession, that enrollment  in teaching colleges is                                                               
down by 35  percent. Teacher turnover not  only affects teachers,                                                               
but also students.  It harms the education  process for students.                                                               
She  stressed that  this  would bring  stability  since it  would                                                               
allow the  education funding  as a  part of  the whole.  Since it                                                               
would be  a year ahead, it  would help to understand  the revenue                                                               
projections,  savings,  and   other  department  obligations  and                                                               
needs.                                                                                                                          
                                                                                                                                
CHAIR HUGHES highlighted that the  other great thing is that once                                                               
this is in  place, the districts will know that  the funding will                                                               
not  be tinkered  with and  the districts  will know  the funding                                                               
more than  a year in  advance. She  said that this  would provide                                                               
stability and allow school districts to do advance planning.                                                                    
                                                                                                                                
2:21:55 PM                                                                                                                    
SENATOR MICCICHE asked whether the sponsor could also respond.                                                                  
                                                                                                                                
2:22:07 PM                                                                                                                    
SENATOR MIA  COSTELLO, Alaska  State Legislature,  Juneau, stated                                                               
that she came forward with  a constitutional amendment to address                                                               
a  problem.  She related  that  the  legislature funds  education                                                               
every  year  and  either  fully   funds  the  BSA  [base  student                                                               
allocation] or  funds the  BSA and  adds additional  funding with                                                               
little  variation.  The issue  is  that  the legislative  funding                                                               
process is  done well  past the time  when school  districts must                                                               
submit their budgets to local  governments for approval. Over the                                                               
years,  the impression  she has  is that  it causes  districts to                                                               
undergo significant  turmoil, including  releasing teachers  at a                                                               
time  when  teacher recruitment  and  retention  is at  a  crisis                                                               
level. Further, many rural communities  lose their teachers every                                                               
single year  and that results  in instability for  students. This                                                               
also erodes the effectiveness of  teachers and research has shown                                                               
that  effective  and committed  principals  and  teachers in  the                                                               
classrooms and are the number one indicator of student results.                                                                 
                                                                                                                                
2:24:31 PM                                                                                                                    
SENATOR  COSTELLO  said  that   this  resolution  was  originally                                                               
introduced  to  have  funding  done   early  in  the  legislative                                                               
session. The committee  has come back with  a different approach,                                                               
which is  to forward fund  public education, which  she supports.                                                               
She  offered her  belief that  this would  address the  situation                                                               
adequately or even more so than the original resolution.                                                                        
                                                                                                                                
2:24:50 PM                                                                                                                    
CHAIR HUGHES remarked that this resolution is time appropriate.                                                                 
                                                                                                                                
2:25:22 PM                                                                                                                    
SENATOR MICCICHE  moved to report  the committee  substitute (CS)                                                               
for  SJR   9,  work  order   31-LS0561\E,  from   committee  with                                                               
individual recommendations and attached fiscal note(s).                                                                         
                                                                                                                                
2:25:56 PM                                                                                                                    
At-ease.                                                                                                                        
                                                                                                                                
2:26:15 PM                                                                                                                    
CHAIR HUGHES  reconvened the meeting  and removed  her objection.                                                               
She asked Senator Micciche to restate the motion.                                                                               
                                                                                                                                
2:26:38 PM                                                                                                                    
SENATOR MICCICHE  moved to report  the committee  substitute (CS)                                                               
for  SJR   9,  work  order   31-LS0561\E,  from   committee  with                                                               
individual  recommendations and  attached  fiscal note(s).  There                                                               
being  no  objection, the  CSSJR  9(JUD)  was reported  from  the                                                               
Senate Judiciary Standing Committee.                                                                                            

Document Name Date/Time Subjects
CSHB 12(JUD) Version G.pdf SJUD 4/26/2019 1:30:00 PM
HB 12
SB052 SUPPORTING DOC - REQ FOR INFO - KIEHL 04.24.19.pdf SJUD 4/26/2019 1:30:00 PM
SB 52
SB052 SUPPORTING DOC - ABC REPT FORM EXAMPLE.pdf SJUD 4/26/2019 1:30:00 PM
SB 52
SB052 SUPPORTING DOC - ENFORCEMENT REPT.pdf SJUD 4/26/2019 1:30:00 PM
SB 52
Memorandum from Legal Services 4/25/2019.pdf SJUD 4/26/2019 1:30:00 PM
SJR 9
Memorandum from Legal Services 4/24/2019.pdf SJUD 4/26/2019 1:30:00 PM
SJR 9
CSSJR 9 Ver E.pdf SJUD 4/26/2019 1:30:00 PM
SJR 9
CSSJR 9 Explanation of Changes from Version S to E.pdf SJUD 4/26/2019 1:30:00 PM
SJR 9
CSSB 52(L&C) Amendments for S.JUD.pdf SJUD 4/26/2019 1:30:00 PM
SB 52