Legislature(2009 - 2010)CAPITOL 106
03/03/2010 08:00 AM House EDUCATION
| Audio | Topic |
|---|---|
| Start | |
| HB347 | |
| HB350 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 350 | TELECONFERENCED | |
| *+ | HB 285 | TELECONFERENCED | |
| *+ | HB 347 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE EDUCATION STANDING COMMITTEE
March 3, 2010
8:04 a.m.
MEMBERS PRESENT
Representative Paul Seaton, Chair
Representative Robert L. "Bob" Buch
MEMBERS ABSENT
Representative Cathy Engstrom Munoz, Vice Chair
Representative Bryce Edgmon
Representative Wes Keller
Representative Peggy Wilson
Representative Berta Gardner
COMMITTEE CALENDAR
HOUSE BILL NO. 285
"An Act supporting parental involvement in schools through
employment of parental involvement coordinators."
- BILL HEARING CANCELED
HOUSE BILL NO. 347
"An Act allowing certain teachers, public employees, and private
sector employees to take leave without pay when their spouses
are on leave from deployment in a combat zone."
- HEARD & HELD
HOUSE BILL NO. 350
"An Act relating to the local contribution to public school
funding; and providing for an effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 347
SHORT TITLE: LEAVE FOR MILITARY SPOUSES
SPONSOR(s): REPRESENTATIVE(s) PETERSEN
02/15/10 (H) READ THE FIRST TIME - REFERRALS
02/15/10 (H) EDC, FIN
03/03/10 (H) EDC AT 8:00 AM CAPITOL 106
BILL: HB 350
SHORT TITLE: PUBLIC SCHOOL FUNDING: LOCAL CONTRIBUTION
SPONSOR(s): EDUCATION
02/17/10 (H) READ THE FIRST TIME - REFERRALS
02/17/10 (H) EDC, FIN
02/17/10 (H) EDC AT 8:00 AM CAPITOL 106
02/17/10 (H) <Bill Hearing Rescheduled to 02/19/10>
02/19/10 (H) EDC AT 8:00 AM CAPITOL 106
02/19/10 (H) Heard & Held
02/19/10 (H) MINUTE(EDC)
02/22/10 (H) EDC AT 8:00 AM CAPITOL 106
02/22/10 (H) <Bill Hearing Rescheduled to 02/26/10>
02/26/10 (H) EDC AT 8:00 AM CAPITOL 106
02/26/10 (H) Heard & Held
02/26/10 (H) MINUTE(EDC)
03/03/10 (H) EDC AT 8:00 AM CAPITOL 106
WITNESS REGISTER
PEDER TERLAND, Intern
Representative Pete Petersen
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 347 on behalf of
Representative Petersen, prime sponsor.
REPRESENTATIVE PETE PETERSEN
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Testified during the hearing on HB 347 as
the prime sponsor.
JEFFREY MITTMAN, Executive Director
American Civil Liberties Union of Alaska (ACLU of Alaska)
Anchorage, Alaska
POSITION STATEMENT: Urged the adoption of an amendment to HB
347.
RIC DAVIDGE, Chairman
Alaska Veterans Foundation; State Council President
Vietnam Veterans of America in Alaska; Chairman Municipal
Commission on Military and Veterans' Affairs
Anchorage, Alaska
POSITION STATEMENT: Testified in favor of HB 347.
STACY BANNERMAN
Medford, Oregon
POSITION STATEMENT: Testified in favor of HB 347.
DAVE JONES, Assistant Superintendent
Kenai Peninsula Borough School District (KPBSD)
Soldotna, Alaska
POSITION STATEMENT: Testified in favor of HB 350.
GEORGE TROXEL, Superintendent
Mat-Su Borough School District
Palmer, Alaska
POSITION STATEMENT: Testified in opposition to HB 350.
COLLEEN VAGUE, President
Mat-Su District School Board
Palmer, Alaska
POSITION STATEMENT: Testified during the hearing on HB 350.
ACTION NARRATIVE
8:04:26 AM
CHAIR PAUL SEATON called the House Education Standing Committee
meeting to order at 8:04 a.m. Representatives Seaton and Buch
were present at the call to order.
HB 347-LEAVE FOR MILITARY SPOUSES
8:04:50 AM
CHAIR SEATON announced the first order of business would be
HOUSE BILL NO. 347, "An Act allowing certain teachers, public
employees, and private sector employees to take leave without
pay when their spouses are on leave from deployment in a combat
zone."
8:05:49 AM
PEDER TERLAND, Intern, Representative Pete Petersen, Alaska
State Legislature, introduced HB 347, paraphrasing from a
prepared statement that read as follows [original punctuation
provided]:
The leave a solider has from a combat zone is sacred.
This time with their family is in some cases the last
time they may see them.
Although HB347 is six pages long it is really a simple
concept.
This law will apply to school districts, state and
local governments, and private sector employers with
20 or more employees. It will allow the employees to
take up to 10 days of unpaid leave to spend time with
their spouses before they return to combat.
Combat Zones are:
Arabian Peninsula Areas including the Persian Gulf;
Kosovo; Afghanistan.
While The Federal Family & Medical Leave Act already
grants up to 12 weeks of job protected leave for
military family members in many situations, including
times of R&R, it is restricted to members of the Guard
and Reserves. It does not apply to members of the
regular Armed Forces. This is an inequity that exists
that needs to be corrected.
We have heard of opposition to this bill and that it
would place undue hardships on employers. In response
we have prepared some amendments for future
consideration.
There are ten other states that have enacted similar
legislation.
The bill has a zero fiscal note.
8:08:45 AM
CHAIR SEATON restated HB 347 provides leave for military
spouses. He asked for the subject matter of the amendments.
8:09:11 AM
MR. TERLAND explained the first and third amendments offer two
versions of proposed language that requires 48 hours of advance
notice for a leave request. The second amendment offers an
exemption from HB 347 for school districts with 20 or fewer
employees.
8:10:03 AM
CHAIR SEATON noted these points were raised by small school
districts concerned about arranging for substitutes without
advance notice, and that substitutes may not be available at
all.
8:11:20 AM
REPRESENTATIVE PETE PETERSEN, Alaska State Legislature, informed
the committee similar legislation was enacted in other states to
provide a benefit for active military equal to what is available
through federal legislation to families of members of the
National Guard and Reservists.
8:12:45 AM
JEFFREY MITTMAN, Executive Director, American Civil Liberties
Union of Alaska (ACLU of Alaska), stated the ACLU of Alaska, in
order to fully support HB 347, requests the committee consider
an amendment. He pointed out that although the state restricts
the marriage of same-sex partners, the state constitution
recognizes and grants equal employment and benefits to same-sex
partners. Based on legal standing, Mr. Mittman urged the
legislature to include same-sex partners in the provisions of HB
347. He opined without the inclusion of same-sex partners,
passage of the bill would lead to legal challenges.
8:15:26 AM
CHAIR SEATON asked whether the current "don't ask, don't tell"
policy would "put a person in the military at risk" when
applying for the benefits provided by HB 347.
8:15:58 AM
MR. MITTMAN advised the aforementioned military policy may be
overturned soon; nevertheless, this legislation affects the
civilian family member, and the "don't ask, don't tell" policy
would not apply. He provided an example of a violation, and
said, "We don't anticipate that any but the most negative or
unpatriotic employers would take that step."
8:17:44 AM
RIC DAVIDGE, Chairman, Alaska Veterans Foundation; State Council
President, Vietnam Veterans of America in Alaska; Chairman,
Municipal Commission on Military and Veterans' Affairs, observed
that Americans want to help, and are willing to make sacrifices
in support of members of the military engaged in the present
war. He noted that immediate leave may be needed in the case of
a wounded military member, and expressed concern about the
amendment that will require 48 hours notice. Mr. Davidge
provided an example of how leave affects family members and
espoused on HB 347 as a means for the state to show support of
troops that is beyond "ribbons on trees and ... stickers on our
car." He also spoke in support of the amendment requested by
ACLU of Alaska.
CHAIR SEATON stated his understanding that Mr. Davidge supports
the amendment requiring 48 hours notice if the amendment is
conditioned on certain circumstances.
MR. DAVIDGE replied yes.
8:22:12 AM
STACY BANNERMAN informed the committee she is an Army National
Guard Blue Star Wife whose husband served two combat tours of
duty in Iraq with honors. She also is the author of When the
War Came Home: The Inside Story of Reservists and the Families
They Leave Behind, the founder/director of Sanctuary Weekends
for Women Veterans and Camp Howdy for Military Kids, and is a
recipient of the 2009 Patriotic Employer Award from the National
Guard Commission for the Employer Support of the Guard &
Reserve. Ms. Bannerman expressed her support for HB 347,
paraphrasing from a prepared statement, which read as follows
[original punctuation provided]:
Thank you to the Committee for considering this
important bill to support the families of the troops
who are serving or will serve in the war on terror,
and other combat deployments. In a few short months,
another 30,000 troops will be deploying for
Afghanistan - again. The majority of those troops are
married with children; most of the spouses left behind
work outside the home. Many of us have to choose
between work and family when our loved one deploys.
It's an impossible choice, and one that military
families should never be asked to make when America is
at war.
My husband is a Sergeant First Class with the
Army National Guard, and his Brigade spent several
months training at Ft. McCoy, Wisconsin, more than a
thousand miles away from home and family, prior to
shipping out for a second tour in Iraq. I had
recently moved to southern Oregon to accept a new
position in order to implement programs to help
military families and veterans. I had been on the job
for a few months, and didn't have any sick leave or
vacation time available. It would be more than one
year before I saw my husband again.
If we support the troops, and by extension,
military families, then passing the Military Family
Leave Act should be at the top of this nation's to-do
list. Because when the soldier goes to war, so does
the family. And when the veteran comes home, family
support is the single most critical factor in
successful reintegration. The demands of the war on
terror and the demographics of the 21st Century
military are very different from the past, and
adapting to those realities must, by definition,
include expanding support for military families.
For the first years of the Vietnam War, married
men were exempt from the draft, and for the duration
of the war, married men with children were given
deferments so that they wouldn't be deployed as it
would constitute too much of a hardship on the
families. During Vietnam, the majority of troops were
single soldiers serving one tour, and comparatively
few citizen soldiers served in combat. Today, the
bulk of the boots on the ground in Iraq and
Afghanistan are married. They have served, or are
serving, multiple tours; and most of them have
children. Around 40 percent are citizen soldiers.
8:25:45 AM
CHAIR SEATON asked about pre-deployment leave.
MS. BANNERMAN advised that this legislation can be different in
each state; however, her understanding is that the Alaska
version provides 10 days of unpaid leave per United States Code
Title 10 status. The family member can utilize the time at
their discretion.
8:27:05 AM
CHAIR SEATON closed public testimony.
8:28:09 AM
REPRESENTATIVE BUCH asked for the amount of unpaid leave that
teachers are allowed.
8:28:22 AM
REPRESENTATIVE PETERSEN responded that five days are allowed
currently, but that may depend on the availability of a
substitute.
8:28:53 AM
REPRESENTATIVE BUCH asked whether the sponsor patterned the bill
after legislation enacted in other states.
8:29:13 AM
REPRESENTATIVE PETERSEN explained that HB 347 differs in that
the bill does not allow leave before deployment, as that date is
known well in advance and families can make arrangements for
time off.
8:30:03 AM
REPRESENTATIVE BUCH then asked what brought this issue to
Representative Petersen's attention.
REPRESENTATIVE PETERSEN related he was a member of the Joint
Armed Services Committee and there are two military bases in
close proximity to his district.
8:30:51 AM
CHAIR SEATON asked whether the sponsors' intent was to pattern
the bill on language enacted in other states to "then be judged
independently under Alaska law."
REPRESENTATIVE PETERSEN responded that the drafter attempted to
adapt the bill to conform to Alaska statutes.
CHAIR SEATON surmised the intent was for the bill "to be
interpreted with the Alaska Constitution and Alaska law, and not
bringing those other cases from other jurisdictions."
REPRESENTATIVE PETERSEN said that is correct.
8:33:32 AM
REPRESENTATIVE BUCH offered his support for the bill.
8:33:51 AM
CHAIR SEATON directed attention to the committee packet and the
letters of support and opposition.
8:34:25 AM
CHAIR SEATON stated that HB 347 would be held over.
HB 350-PUBLIC SCHOOL FUNDING: LOCAL CONTRIBUTION
8:34:51 AM
CHAIR SEATON announced that the next order of business would be
HOUSE BILL NO. 350, "An Act relating to the local contribution
to public school funding; and providing for an effective date."
DAVE JONES, Assistant Superintendent, Kenai Peninsula Borough
School District (KPBSD), informed the committee that legislation
enacted in 2001 created a disparity in local mill levy
equivalents and a serious equity issue among school districts;
however, HB 350 would resolve the equity issue. Historically,
his school district has been "funded to the cap," thus local
support provided by taxpayers has increased significantly. The
bill would lower the [local maximum allowed by law] and provide
local taxpayer relief without a revenue loss to the school
district; therefore, he related that the KPBSD school board is
in strong favor of HB 350, and would like to see the bill move
forward.
8:37:16 AM
GEORGE TROXEL, Superintendent, Mat-Su Borough School District,
paraphrased from a prepared statement, which read as follows
[original punctuation provided]:
House Bill 350 reduces the revenue available to the
Mat Su School District without increasing local taxes,
and furthermore, that impact is exponential over
coming years. I don't support HB 350 for that reason.
The Mat-Su School District is experiencing financial
hardships due to the general nature of expenses rising
faster than revenues in these times. Given this
scenario, the Mat-Su and two other Districts in the
state are singled out by HB 350 to get a double whammy
in the area of revenue shortfalls.
The Mat-Su School District has a growing enrollment,
over 800 students in the last three years. The
District did realize revenue enhancements generated by
the growth. Revenue increases received because of
increased enrollment take care of day-to-day expenses
but not the expenses of more general support and
infrastructure, such as buildings, grounds,
furnishings, and equipment.
In the past 10 years as many new schools have been
opened in the Valley. The opening of new schools has
tremendous impact on annual budgets. In the Mat-Su we
plan approximately a million dollars above the usual
annual operating costs for that first year a school is
open. Growth in the Valley is a good thing for the
State of Alaska, growth has its costs, and while the
Valley appreciates the Stat's support in handling this
growth that help is also an expectation for which the
state as a whole realizes dividends.
New schools are needed in the Valley. These new
schools will further stress the property owners
capacity to keep up with increasing demand for more
tax dollars to build these schools. The District
currently uses 61 portable buildings for classrooms.
These house close to 2000 student full time
equivalents. Bonds will need to be passed in the near
future that will rely on subsequent tax increases to
construct these needed schools.
House Bill 350 ultimately puts the askance for more
dollars from property owners in the Mat-Su. The
valley is not a home to major or great amounts of
industry. Many of our taxpayers are those who can
least afford more and more property tax increases.
Median incomes for most who work in the Valley are on
the low end of the scale. Multiply that by the fact
that a sizable percentage of gross property value in
the Valley is not a result of newly developed property
resulting from growth, but rising property tax
assessments on existing property. When higher tax
assessments come about because of increased value of a
property, the long term property owners become
victims. Just because a property's value increases it
does not follow that a property owner's ability to pay
more in taxes increases.
All of us are in dire budgetary circumstances with
more and more challenges. This is not the time to
change formulas for funding where anyone loses while
others are experiencing substantial gains.
8:40:56 AM
CHAIR SEATON asked for clarification on how HB 350 would reduce
the revenue available to the Mat-Su School District without
increasing local taxes. He observed that the intention of the
bill was to lower the mill rate across the state.
8:41:38 AM
MR. TROXEL explained that HB 305 changes the base year from 1999
to "one year in the past." Due to the increase in property
values, even though the mill rate remains constant, the dollar
amount of the assessment is greatly increased. In future years
to maintain funding, those dollars would be provided by local
taxpayers.
8:42:39 AM
CHAIR SEATON pointed out the intent of the bill was to assign
all of the municipalities across the state the same mill rate
required for local contributions. He surmised the mill rate was
not Mr. Troxel's concern.
8:43:28 AM
MR. TROXEL said he is not opposed to a 2.7 mill rate, but the
shifting of the base year to a more recent year with higher
property values, results in a substantial increase in the local
contribution.
CHAIR SEATON restated Mr. Troxel's objection to the bill was
regarding the change from a fixed base year, with new growth
taxed at 50 percent, to a rolling base year.
8:45:19 AM
MR. TROXEL said yes, and added that the relevant provision is in
Sec. 4 of the bill.
8:45:57 AM
COLLEEN VAGUE, President, Mat-Su District School Board, informed
the committee her school district has built eight new schools in
the last ten years. Each school was financed by homeowner bonds
that increased taxes for homeowners. She noted that three of
the new elementary schools are now at, or over, capacity and the
district lacks sufficient buildings to house and educate its
school population. In addition, at the current growth rate, the
district will be further behind in five years. Ms. Vague
pointed out that the increase in student population does not
result in more money for school construction; in fact, the
student population in the Mat-Su School District increased from
12,699 students in 1999 to the present count of 16,673 students.
She reiterated the school board's opposition to Sec. 4 of the
bill.
8:49:29 AM
CHAIR SEATON stated that HB 350 would be held over.
ADJOURNMENT
There being no further business before the committee, the House
Education Standing Committee meeting was adjourned at 8:52 a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| FY02-11LocalEffortAssessed&educationWithMills-2Pager_10-22-09.xlsx |
HEDC 2/19/2010 8:00:00 AM HEDC 3/3/2010 8:00:00 AM HEDC 3/10/2010 8:00:00 AM HEDC 3/12/2010 8:00:00 AM HEDC 3/15/2010 8:00:00 AM |
HB 350 |
| HB350-EED-ESS-2-18-10.pdf |
HEDC 2/19/2010 8:00:00 AM HEDC 3/3/2010 8:00:00 AM HEDC 3/10/2010 8:00:00 AM HEDC 3/15/2010 8:00:00 AM |
HB 350 |
| current program flow chart.docx |
HEDC 3/3/2010 8:00:00 AM HEDC 3/10/2010 8:00:00 AM HEDC 3/12/2010 8:00:00 AM HEDC 3/15/2010 8:00:00 AM |
HB 350 |
| HB 347 sponsor statement.pdf |
HEDC 3/3/2010 8:00:00 AM HEDC 3/10/2010 8:00:00 AM |
HB 347 |
| HB 347 backup.pdf |
HEDC 3/3/2010 8:00:00 AM HEDC 3/10/2010 8:00:00 AM |
HB 347 |
| HB 347 sectional.pdf |
HEDC 3/3/2010 8:00:00 AM HEDC 3/10/2010 8:00:00 AM |
HB 347 |