04/01/2015 08:00 AM House EDUCATION
| Audio | Topic |
|---|---|
| Start | |
| HB52 | |
| HB163 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | HB 52 | TELECONFERENCED | |
| += | HB 163 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE EDUCATION STANDING COMMITTEE
April 1, 2015
8:00 a.m.
MEMBERS PRESENT
Representative Wes Keller, Chair
Representative Liz Vazquez, Vice Chair
Representative Paul Seaton
Representative David Talerico
Representative Harriet Drummond
Representative Jonathan Kreiss-Tomkins
MEMBERS ABSENT
Representative Jim Colver
COMMITTEE CALENDAR
HOUSE BILL NO. 52
"An Act establishing a museum construction grant program in the
Department of Commerce, Community, and Economic Development."
- MOVED CSHB 52(EDC) OUT OF COMMITTEE
HOUSE BILL NO. 163
"An Act relating to school fundraisers; relating to the duties
of the Department of Health and Social Services; and providing
for an effective date."
- MOVED CSHB 163(EDC) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 52
SHORT TITLE: MUSEUM CONSTRUCTION GRANT PROGRAM
SPONSOR(s): REPRESENTATIVE(s) HERRON
01/21/15 (H) PREFILE RELEASED 1/16/15
01/21/15 (H) READ THE FIRST TIME - REFERRALS
01/21/15 (H) EDC, FIN
03/23/15 (H) EDC AT 8:00 AM CAPITOL 106
03/23/15 (H) Heard & Held
03/23/15 (H) MINUTE(EDC)
04/01/15 (H) EDC AT 8:00 AM CAPITOL 106
BILL: HB 163
SHORT TITLE: NUTRITION STANDARDS; SCHOOL FUNDRAISERS
SPONSOR(s): REPRESENTATIVE(s) WILSON
03/23/15 (H) READ THE FIRST TIME - REFERRALS
03/23/15 (H) EDC
03/30/15 (H) EDC AT 8:00 AM CAPITOL 106
03/30/15 (H) Heard & Held
03/30/15 (H) MINUTE(EDC)
04/01/15 (H) EDC AT 8:00 AM CAPITOL 106
WITNESS REGISTER
REPRESENTATIVE BOB HERRON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As the sponsor of HB 52, explained the
changes incorporated into the proposed CS, Version W.
KATHERINE ELDEMAR, Director
Division Programs
Division of Community and Regional Affairs
Department of Commerce, Community & Economic Development (DCCED)
(No address provided)
POSITION STATEMENT: Responded to questions during discussion of
HB 52.
LAWRENCE BLOOD, Local Government Specialist V
Division Programs
Division of Community and Regional Affairs
Department of Commerce, Community & Economic Development (DCCED)
Juneau, Alaska
POSITION STATEMENT: Responded to questions during discussion of
HB 52.
REPRESENTATIVE TAMMIE WILSON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As the sponsor of HB 163, explained the
changes incorporated into the proposed CS, Version H.
MIKE HANLEY, Commissioner
Department of Education and Early Development (EED)
Juneau, Alaska
POSITION STATEMENT: Provided comments and responded to
questions during discussion of HB 163.
MIKE COONS
Palmer, Alaska
POSITION STATEMENT: Testified in support of HB 163.
ACTION NARRATIVE
8:00:03 AM
CHAIR WES KELLER called the House Education Standing Committee
meeting to order at 8:00 a.m. Representatives Keller, Seaton,
Vazquez, and Talerico were present at the call to order.
Representatives Drummond and Kreiss-Tomkins arrived as the
meeting was in progress.
HB 52-MUSEUM CONSTRUCTION GRANT PROGRAM
8:00:54 AM
CHAIR KELLER [announced that the first order of business would
be HOUSE BILL NO. 52, "An Act establishing a museum construction
grant program in the Department of Commerce, Community, and
Economic Development."]
8:01:02 AM
REPRESENTATIVE VAZQUEZ moved to adopt the proposed committee
substitute (CS) for HB 52, Version 29-LS0119\W, Glover, 3/30/15,
as the working document.
[Although the question of whether there were any objections to
the motion was not properly addressed, Version W was nonetheless
treated as being before the committee as the working document.]
8:01:50 AM
REPRESENTATIVE BOB HERRON, Alaska State Legislature, sponsor of
HB 52, explained that under Version W, the bill's proposed new
AS 14.57.300(a) now contains language on page 1, lines 10-11,
stipulating that the Department of Commerce, Community &
Economic Development (DCCED) may not accept an application for a
grant under AS 14.57.300 unless the legislature makes an
appropriation for the grant program. The bill's proposed new
AS 14.57.300(c) now stipulates on page 2, lines 1-2, that the
DCCED shall award to an eligible applicant not more than
50 percent of the final projected costs based on accepted bids.
He said HB 52 has essentially become enabling legislation, and
offered his belief that the aforementioned changes, resulting
from discussions with the committee and DCCED staff, would give
the bill's proposed new museum construction grant program an
opportunity to move forward.
REPRESENTATIVE SEATON questioned the practicality of stipulating
in the bill's proposed new AS 14.57.300(a) that the DCCED may
not accept an application for a grant unless an appropriation to
the grant program has been made, given that the legislature
isn't going to make any such appropriation until it receives a
prioritized list of the projects for which grant applications
have been accepted.
REPRESENTATIVE HERRON, indicating that he'd discussed the issue
with DCCED staff, acknowledged that point but relayed that the
thought was that because of the current fiscal situation,
including such a stipulation would be the best approach to take
regardless. In response to further questions, he indicated that
if [something changes and] applications for grants ever are
accepted, they would be scored and awarded on the basis of
merit, and offered his understanding that the DCCED would be
submitting a zero fiscal note based on the inclusion of that
stipulation in Version W. House Bill 52, he reiterated, is
enabling legislation, proposing to establish in statute a
matching grant program.
8:11:23 AM
KATHERINE ELDEMAR, Director, Division Programs, Division of
Community and Regional Affairs, Department of Commerce,
Community & Economic Development (DCCED), concurred that the
DCCED would be submitting a zero fiscal note because of the
inclusion of the aforementioned stipulation in Version W; under
that stipulation, the DCCED couldn't accept applications for
such grants, and thus wouldn't have to expend resources
evaluating any such applications. She relayed, however, that
[with passage of the bill] the DCCED would still be promulgating
regulations for the proposed museum construction, expansion, and
major renovation matching grant program, in anticipation of
something possibly changing in the future and applications for
such grants then being accepted; and if at some point
applications ever are accepted, they would then be evaluated in
terms of whether they complied with the program's requirements.
8:14:48 AM
LAWRENCE BLOOD, Local Government Specialist V, Division
Programs, Division of Community and Regional Affairs, Department
of Commerce, Community & Economic Development (DCCED), in
response to questions, explained that grants are audited if they
exceed $500,000 cumulative; additionally, the DCCED has an
internal grant review process, and so there would be oversight.
Under DCCED policy, entities that are awarded grants are
required to use their own procurement policies, or the state's
if they haven't any of their own, and the DCCED tries to ensure
transparency in that process.
CHAIR KELLER, after ascertaining that no one else wished to
testify, closed public testimony on HB 52.
REPRESENTATIVE TALERICO noted that under the bill's proposed new
AS 14.57.350(2), the term "museum" as used in the bill is
[partially] defined via reference to AS 14.57.290, which reads
in part:
(4) "museum" means an organized and permanent
public institution, including a historical society,
historical park, historical site, and historical
monument, that is primarily educational, scientific,
historical, artistic, or cultural in purpose and that
owns, borrows, cares for, studies, archives, or
exhibits property;
8:19:31 AM
REPRESENTATIVE VAZQUEZ moved to report [the proposed CS for
HB 52, Version 29-LS0119\W, Glover, 3/30/15,] out of committee
with individual recommendations and the accompanying fiscal
notes. There being no objection, CSHB 52(EDC) was reported from
the House Education Standing Committee.
The committee took an at-ease from 8:20 a.m. to 8:23 a.m.
HB 163-NUTRITION STANDARDS; SCHOOL FUNDRAISERS
8:23:02 AM
CHAIR KELLER [announced that the final order of business would
be HOUSE BILL NO. 163, "An Act relating to school fundraisers;
relating to the duties of the Department of Health and Social
Services; and providing for an effective date."]
8:23:10 AM
REPRESENTATIVE VAZQUEZ moved to adopt the proposed committee
substitute (CS) for HB 163, Version 29-LS0758\H, Glover,
3/31/15, as the working document. There being no objection,
Version H was before the committee.
8:23:50 AM
REPRESENTATIVE TAMMIE WILSON, Alaska State Legislature, sponsor
of HB 163, offered her belief that Version H is a much better
bill, requiring the [Department of Education and Early
Development (EED)] to do less than under the original version of
the bill. Under Version H, the bill's title no longer
stipulates in part that the bill relates to the duties of the
department, both to limit what might be added to the bill as it
moves through the process, and because the original version of
the bill referenced the wrong department for purposes of
amending Title 14. Under Version H, the bill's proposed new
AS 14.07.020(a)(18) now reads:
(18) authorize schools to approve up to five
fundraisers of not more than three days each semester
involving the sale of foods that do not meet the food
nutrition standards under 42 U.S.C. 1779 for each
group, sports team, or club in a school and allow
school districts to request authorization to approve
additional fundraisers. [REPEALED]
REPRESENTATIVE WILSON indicated that this new language resembles
that of other states, and is intended to provide local control;
for example, if a school doesn't wish to hold any fundraisers
involving the sale of foods that don't meet federal nutrition
standards, it wouldn't have to, but if a particular school
district wished to hold more than five such fundraisers, it
could request the authorization to approve those additional
fundraisers. She mentioned in closing that the bill has an
immediate effective date.
REPRESENTATIVE WILSON, in response to comments and questions,
indicated that it is not her intent for HB 163 to address the
sale of food from vending machines; rather, the bill is intended
to address the sale of food sold as part of a fundraising effort
- bake sales, for example. Again, nothing in the bill would
require a school to approve the sale of foods that do not meet
federal nutrition standards, but because of existing federal law
limiting the types of foods that may be sold [on school campuses
during the school day outside of school meal programs], without
a specific statutory waiver in place - such as that being
proposed by the bill - foods that do not meet federal nutrition
standards simply may not be sold in those circumstances, even
for fundraising purposes.
8:29:16 AM
MIKE HANLEY, Commissioner, Department of Education and Early
Development (EED), pointed out that one [expectation of] such
waivers is that state agencies will ensure that the frequency of
such exempted fundraisers does not reach a level that would
impair the effectiveness of the requirements set forth in the
[federal interim final rule titled, "National School Lunch
Program and School Breakfast Program: Nutrition Standards for
All Foods Sold in School as Required by the Healthy, Hunger-Free
Kids Act of 2010"]. The federal government might therefore find
it problematic for the EED to authorize [schools to approve] as
many exempted fundraisers for as many days as is currently
provided for under HB 163's Version H; for the Juneau School
District alone, for example - given its number of school groups,
sports teams, and clubs - such exempted fundraisers could be
held on as many as 255 school days [each semester] - more days
than are even in an entire school year.
COMMISSIONER HANLEY said he is not in opposition to the bill
moving forward, and indicated that he is willing to do as the
bill requires - via its use of the phrase, "the department
shall" - and provide the aforementioned authorization. However,
there is a reason that the federal law has come to be in place;
for example, [even as recently as] 2012, more than one-third of
children were overweight or obese - primary causes of diabetes
in children, a disease that's on the rise. "So I want to do it
prudently," he remarked, regarding the bill's proposal to allow
the EED to authorize schools to approve exempted fundraisers;
"I want to make sure that we are not just nullifying a move
forward to provide healthy opportunities for our kids - ...
negating that and not recognizing the issues that our kids face
today."
8:32:01 AM
CHAIR KELLER expressed favor with the concept of providing for
local control with regard to what foods a particular school
approves for its fundraisers - including not approving any - and
indicated a lack of concern over the number of exemptible
fundraiser-days currently provided for under Version H.
REPRESENTATIVE SEATON questioned whether keeping the number of
exemptible fundraiser-days currently provided for in the bill
would place Alaska's [federally-funded food programs] at risk
if, for example, the federal government determines that
requiring the EED to authorize schools to be able to approve
what could amount to one or more exempted fundraisers every day
of the school year is unacceptable, thwarting the intent of the
federal law.
COMMISSIONER HANLEY indicated that he didn't know whether the
federal government would make such a determination, or, if it
did, what that would ultimately mean. In response to a further
question, he relayed that he isn't aware of any acceptable
number of exemptible fundraiser-days being specified in the
federal law; he's only come across the stipulation that the
frequency of exempted fundraisers may not reach a level that
would impair the effectiveness of the requirements set forth in
the aforementioned federal [interim final rule].
8:36:09 AM
REPRESENTATIVE SEATON questioned where the number currently
provided for under Version H came from, and whether that number
could be changed without impacting school groups, sports teams,
and clubs. In other words, do such entities actually hold that
many fundraisers of those durations and thus lowering the number
currently provided for in the bill would impact those entities?
REPRESENTATIVE WILSON referred to a document in members' packets
titled, "Smart Snacks: State Agency Fundraising Exemption"
produced by the School Nutrition Association, and indicated that
that number was chosen because of what other states had in their
statutory waivers, and to provide Alaska's school districts with
flexibility.
REPRESENTATIVE SEATON, noting that it's Alaska's school
districts which have elected boards that set policy, questioned
whether the phrase, "authorize schools to approve" on page 3,
line 25, should instead read, "authorize school districts to
approve".
REPRESENTATIVE WILSON acknowledged that for purposes of
consistency, the language probably should read, "authorize
school districts to approve" since the phrase, "allow school
districts to request authorization to approve" is used on
page 3, line 28.
8:40:08 AM
MIKE COONS said he supports HB 163 in its entirety, and asked
the committee to vote "yes" on the bill.
CHAIR KELLER closed public testimony on HB 163.
8:42:09 AM
REPRESENTATIVE SEATON made a motion to adopt Conceptual
Amendment 1, to change the phrase, "authorize schools to
approve" on page 3, line 25, to the phrase, "authorize school
districts to approve".
CHAIR KELLER objected and opined that the language currently in
the bill is fine as is because he doesn't want schools to have
to work with their school districts on this issue until the
number of exemptible fundraiser-days needed by a school exceeds
the number currently provided for under Version H.
REPRESENTATIVE SEATON argued that as currently written, the EED
would be authorizing the schools themselves, and so those
schools wouldn't have to comply with any of their school
district's policies on this issue. Again, it's the school
districts which have the elected boards that are responsible for
setting policy, and so to not change the aforementioned language
as proposed via Conceptual Amendment 1 would result in thwarting
the will of the voters who elected their school board members.
CHAIR KELLER disagreed.
8:44:54 AM
A roll call vote was taken. Representatives Kreiss-Tomkins and
Seaton voted in favor of Conceptual Amendment 1.
Representatives Talerico, Vazquez, and Keller voted against it.
Therefore, Conceptual Amendment 1 failed by a vote of 2-3.
8:45:38 AM
REPRESENTATIVE VAZQUEZ moved to report the proposed CS for
HB 163, Version 29-LS0758\H, Glover, 3/31/15, out of committee
with individual recommendations and the accompanying fiscal
notes. There being no objection, CSHB 163(EDC) was reported
from the House Education Standing Committee.
8:46:10 AM
ADJOURNMENT
There being no further business before the committee, the House
Education Standing Committee meeting was adjourned at 8:46 a.m.