Legislature(2003 - 2004)
03/25/2003 11:04 AM House EDU
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* first hearing in first committee of referral
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ALASKA STATE LEGISLATURE
HOUSE SPECIAL COMMITTEE ON EDUCATION
March 25, 2003
11:04 a.m.
MEMBERS PRESENT
Representative Carl Gatto, Chair
Representative Paul Seaton, Vice Chair
Representative Dan Ogg
Representative Peggy Wilson
Representative Les Gara
Representative Mary Kapsner
MEMBERS ABSENT
Representative Kelly Wolf
COMMITTEE CALENDAR
HOUSE BILL NO. 72
"An Act relating to the qualifications and appointment of
members of the Board of Regents of the University of Alaska; and
providing for an effective date."
- MOVED CSHB 72(EDU) OUT OF COMMITTEE
PREVIOUS ACTION
BILL: HB 72
SHORT TITLE:BOARD OF REGENTS QUALIFICATIONS
SPONSOR(S): REPRESENTATIVE(S)GUTTENBERG
Jrn-Date Jrn-Page Action
02/05/03 0130 (H) READ THE FIRST TIME -
REFERRALS
02/05/03 0130 (H) EDU, HES
03/25/03 (H) EDU AT 11:00 AM CAPITOL 124
WITNESS REGISTER
REPRESENTATIVE DAVID GUTTENBERG
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As sponsor of HB 72, explained the purpose
of the bill and answered questions from the members.
CHIP WAGONER
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 72 and answered
questions from the committee.
JENNIFER LESH, Legislative Affairs Director
Coalition of Student Leaders
University of Alaska Southeast
Petersburg, Alaska
POSITION STATEMENT: Testified in support of HB 72 and answered
questions from the committee.
KACI HAMILTON, Student
University of Alaska Southeast
Juneau, Alaska
POSITION STATEMENT: As a student at the University of Alaska
Southeast, testified in support of HB 72.
SAHAR GHORBANPOUR, Student Ambassador
University of Alaska Southeast
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 72 and answered
questions from the committee.
ACTION NARRATIVE
TAPE 03-15, SIDE A
Number 0001
CHAIR CARL GATTO called the House Special Committee on Education
meeting to order at 11:04 a.m. Representatives Gatto, Seaton,
Ogg, and Gara were present at the call to order.
Representatives Wilson and Kapsner arrived as the meeting was in
progress.
HB 72-BOARD OF REGENTS QUALIFICATIONS
Number 0084
CHAIR GATTO announced that the only order of business would be
HOUSE BILL NO. 72, "An Act relating to the qualifications and
appointment of members of the Board of Regents of the University
of Alaska; and providing for an effective date."
CHAIR GATTO introduced and welcomed Representative Dan Ogg as
the newest member of the committee.
CHAIR GATTO explained that this bill allows for there to be two
student members of the Board of Regents, one which will be a
voting member and the other a nonvoting member. Theoretically,
the nonvoting member would be in training the first year and
become the voting member the next year.
Number 0211
REPRESENTATIVE DAVID GUTTENBERG, Alaska State Legislature, as
sponsor of HB 72, explained the purpose of the bill and answered
questions from the members. He said this bill is in response to
a situation that occurred last year when a student regent was
not confirmed by the legislature. He said he represents the
university district in Fairbanks, where the students came to him
and asked him to look for a way to address the frustration they
experienced with the legislature for not confirming that student
regent.
REPRESENTATIVE GUTTENBERG told the committee the students had a
bill drafted that said there would be two student regents.
There were problems with this legislation because having two
student regents would mean that there would be 12 regents, an
even number, and that does not work. So in thinking about what
some of the questions were, the concept of having each student
regent serve a two-year term emerged. In the past there have
been times when a student regent resigned or stepped down for
various reasons, and if there were two student regents, there
would always be one there. He said if there are two regents and
they serve alternating years, where one is appointed in the
first year, a junior student regent, then the next year that
regent would move up to the senior student regent position.
Then a new one comes on and serves as the junior student regent.
During the first year the regent would not have voting rights,
but would be allowed to participate. This process would
accomplish a few things. It allows the opportunity to catch up
faster without any pressure, and allows more students to have
the opportunity to have "student regent" on their resumes.
These students are highly motivated and focused. While student
regents serve for two years, the rest of the Board of Regents
serves eight years. It is a considerable difference.
Representative Guttenberg told the committee he thinks this is a
good way to address the problem. It is a policy call by the
legislature to address the situation that has happened to the
student regents and give them more opportunities.
Number 0453
CHAIR GATTO asked about the nonvoting student regent's ability
to vote in subcommittee meetings.
REPRESENTATIVE GUTTENBERG responded that the junior regent can
vote in subcommittees, and the senior regent has full voting
privileges. He commented that the junior regent participates in
everything except votes by the full body, and as the members
know, a considerable amount of work and influence can be done in
subcommittees.
CHAIR GATTO commented that it is clear how the succession from
junior to senior regent works, but what happens if both regents
leave office at the same time and there are two new regents. He
asked what method determines the senior and the junior regent.
REPRESENTATIVE GUTTENBERG responded that the bill says the
senior and junior regent would be determined by date of service.
So theoretically if one was appointed a day sooner or later,
that would determine the junior or senior status.
CHAIR GATTO said he sees a small problem: When there are two
regents up for confirmation, how does the legislature determine
who is junior or senior - by a flip of a coin or a vote of the
regents?
Number 0608
REPRESENTATIVE SEATON pointed out that since these regents
positions are for different periods of time, one a two-year term
and one a one-year term, that would determine it.
Number 0633
CHAIR GATTO responded that is correct, but asked what the
selection procedure is when there are two new regents coming in
at the same time.
REPRESENTATIVE WILSON said she thinks when two students are
elected at the same time, one would be running for a one-year
term and another for a two-year term. The person with the one-
year term would be a senior at the university.
Number 0690
REPRESENTATIVE KAPSNER asked if it is necessary have to have a
certain amount of credits to run for student regents, or whether
it could be a freshman.
REPRESENTATIVE OGG pointed to page 2 [lines 14-16] which says a
regent must "remain enrolled as a full-time student at the
University of Alaska during the term for which the regent was
appointed".
REPRESENTATIVE GUTTENBERG said theoretically a freshman could be
on the Board of Regents, but, if so, the student would
definitely be an overachiever.
CHAIR GATTO pointed out that a freshman could be 35 years old
with a law background and could have served in the legislature.
He suggested that the committee work on the language so the
intent of the committee is clear.
Number 0822
REPRESENTATIVE OGG said there could be some clarification based
on the election process, that the candidates would select
whether they were running for either the one-year position or
two-year position. That needs to be clarified in the statutes.
REPRESENTATIVE SEATON referred the members to page 2, lines 30-
31, where it talks about this point. If a regent resigns, then
that office would be for [the unexpired term of] the original
appointee, whereas the other person will be running for a full-
term seat. He said that language might already clarify the
question by the committee.
CHAIR GATTO agreed that the language does clarify that question
in that the election separates the terms of office.
Number 0936
REPRESENTATIVE OGG referred to page 2, line 22, where there is a
discussion about subcommittees. He said that as a member of the
Board of Regents for eight years, he does not recall any
reference to subcommittees, only committees. He said he
believes that language is incorrect, and it should be verified
with the university.
CHAIR GATTO asked Representative Ogg if he is saying
subcommittees do not exist.
REPRESENTATIVE OGG said he does not ever recall serving on a
subcommittee of one of the standing committees.
REPRESENTATIVE GUTTENBERG responded that the intent was to use
the term "committee" rather than "subcommittee", and that he
would consider a change in the language as a friendly amendment.
Number 1072
REPRESENTATIVE WILSON moved to amend HB 72 as follows:
On page 2, line 22
delete the word "subcommittees"
insert the word "committees"
CHAIR GATTO asked if there were any objections to the amendment.
There being no objection, the amendment was adopted.
Number 1117
CHIP WAGONER testified in support of HB 72, provided a brief
history on the student regent position, and answered questions
from the committee. He told the committee that although he is a
registered lobbyist, he is representing only himself today. He
explained he is interested in this bill because of his personal
experiences when he attended the University of Alaska. He said
when he was going to the University, the Board of Regents
meetings were held in a room smaller than the one the committee
is meeting in and there would be very few people in attendance.
He said current meetings have a large attendance. Mr. Wagoner
said he attended because he was the student body president and
served as a student representative on the university assembly.
He said that at the time he felt that the students needed more
representation on the Board of Regents because even though he
was there and was allowed to participate, by not having the
right to vote, he felt as though he was a second-class citizen
and not effective.
MR. WAGONER told the committee that with the support of the
student body, he prepared a position paper and in 1972 came to
the legislature, where he advocated for students to have a full
voting member on the Board of Regents. He said the student
body, both in Fairbanks and Anchorage, was united on this. As
the bill made its way through the process, it became clear that
a one-year term as a voting member was not sufficient because it
takes a year to learn about the personalities of other members
and learn the system. So the prime sponsor of the bill, then-
Senator Terry Miller, changed it to make it a two-year term.
The first year the bill went through the legislative process it
died; the second year it passed. Then-Senator Miller and then-
Representative Bradner, both from Fairbanks, pushed the bill
through without much opposition. The two-year term as a voting
member of the regents really helped the students in being
represented. One of the students became an officer of the
board; had the term only been a one-year term, that would not
have been happened.
MR. WAGONER said he believes it is the vote that gives the
position credibility. He offered his belief that changing the
representation to a junior and senior regent will hurt the
students more than help them. He recommended that if the
committee is going to do anything it should add a second regent,
as opposed to cutting the power in half. He added that the
situation that occurred last year has only occurred once in 28
years. He said he thinks the sponsor's heart is in the right
place in representing the Fairbanks community. He reiterated
that he believes doing this is cutting the power of the student
regent in half by giving that student regent the power to vote
only one year as opposed to two years.
Number 1468
REPRESENTATIVE GUTTENBERG commented that he has talked with Mr.
Wagoner about his concerns regarding the student regents' having
respect and authority on the Board of Regents. He said he
believes this bill does provide respect and authority in a
stronger sense. There is no division of the vote. The student
regent still has the vote for one year instead of two, but is on
the Board of Regents for two years. The first year, allows a
nonvoting member to expand and get to know everyone and the
issues. He said he does not believe having the vote in the
second year will diminish that power or authority. He said that
while he and Mr. Wagoner agree on some parts of the bill, they
do not agree on others.
CHAIR GATTO asked what happens when a nonvoting member, who will
be the voting member the next year, quits school. The voting
member is now gone and the situation is now back to where it was
earlier. He asked whether the voting member typically is in the
last year of school.
Number 1512
REPRESENTATIVE GUTTENBERG pointed out that since the term of a
student regent is for two years, the latest a student could be
elected to the Board of Regents would be in the student's junior
year, because as soon as a regent is no longer a student, that
individual is off the board.
Number 1512
JENNIFER LESH, Legislative Affairs Director, Coalition of
Student Leaders, University of Alaska Southeast, testified in
support of HB 72 and answered questions from the committee. She
said she believes it is important for students to always have a
representative. Last year the student body went without a
student representative for five months. She said she believes
having a junior regent would be valuable, since it would afford
a year's training and experience before stepping into the full
role as a regent.
Number 1594
KACI HAMILTON, Student, University of Alaska Southeast,
testified in support of HB 72. She said she supports this bill
because it is important that students have continuous
representation on the Board of Regents. She said having a
second regent would allow somewhat of an apprenticeship system.
The regent would be allowed to come in with a greater knowledge
of the Board of Regents and would be better able to handle the
duties and roles they will encounter. No one knows student
matters better than students, so having that second regent on
the board who is knowledgeable, ready, and knows what it is all
about would benefit all students and the Board of Regents.
Number 1673
SAHAR GHORBANPOUR, Student Ambassador, University of Alaska
Southeast, testified in support of HB 72 and answered questions
from the committee. She told the committee that she has not
talked to any students who see anything negative about this
bill. It is an exciting concept to have two people on the Board
of Regents because she views it as mentorship program where it
allows both regents to serve their entire term more effectively.
They have each other as a support system, and there is an
opportunity to learn the ways of the Board of Regents. The
first year of anything, whether for a legislator or a regent, is
really a learning year. To have someone else there to bounce
ideas off of, the entire process and procedures, would be
valuable. It would add a lot of cohesion to the board and would
create more unity. This bill also allows more students to have
a part of that process. She pointed out that it could mean two
separate campuses could be represented at the same time and add
to the dynamics of the board.
MS. GHORBANPOUR said in response to Chair Gatto's question that
she is a liberal arts student, with an emphasis in psychology
and biology in the hopes of going on to medical school.
Number 1885
MS. GHORBANPOUR responded to a series of questions from Chair
Gatto by saying that she went to a Board of Regents meeting last
year. She thought the meeting was productive and that the
regent was very well respected. She commented that she does not
believe that would change if there were a second student regent
on the board. It was a very successful meeting. She said she
would be interested in being a student regent, and since this is
only her second year, she has time. She noted that as a
graduate student she could serve as well.
Number 1923
REPRESENTATIVE GARA commented that he thought he had just heard
a compelling reason why Chair Gatto, Representative Ogg, and he
should not be able to vote either.
Number 1971
REPRESENTATIVE KAPSNER moved to report HB 72, as amended, out of
committee with individual recommendations and the accompanying
fiscal notes.
Number 1985
REPRESENTATIVE OGG told the committee that he served on the
[Board of Regents] committee for eight years and served with
many distinguished individuals. He said he served with two
student regents who became officers of the board, and he agrees
with Mr. Wagoner's assessment that had the student regent only
been a voting member for one year, that possibly would not have
happened. He also said he saw no inability of the student
regent he worked with in jumping in and performing the full
duties of a regent. The respect the other regents gave [the
student regents] was wonderful. He did not notice the student
regents having any more difficulty than any other first-year
regent. He does have concerns about voting in committees
because that is where most of the work is done, and most of the
voting that is done before the full Board of Regents is mostly
pro forma. This bill would actually increase the voting
capacity of the student regents to two instead of one. He
suggested that there may need to be more work done on that
portion of the bill or maybe that part should be deleted. He
said he likes the fact that at least one of the regents must be
a graduate of the University of Alaska and pointed out that
Governor Murkowski put that in this year.
Number 2145
CHAIR GATTO asked, if Representative Ogg's concern is that the
student regents would have too much influence in committee
votes, whether that concern could be addressed by prohibiting
two student regents from serving on the same committee. He
rephrased his question by asking if Representative Ogg's concern
is that having two students on the same committee at the same
time would be overweighing the committee.
REPRESENTATIVE OGG said he does not object to one student
regent's having the ability to vote. However, if another
student regent is added to committees, they will not be
balanced. He explained that a second student regent who is
allowed to vote changes the structure of the committees.
Currently, five members sit on the standing committees, which
are Academic and Student Affairs Committee, Finance and Audit
Committee, and Facilities & Land Management Committee. The
chair of the Board of Regents can serve on any committee he or
she wishes to, and comes in and out of those meetings. If one
more regent is added to the standing committees, there would be
six on one and five on another. Representative Ogg said it is a
delicate balance.
Number 2217
CHAIR GATTO asked what his solution would be.
REPRESENTATIVE OGG said he believes this bill is based on a
reaction to an anomaly. He does not think it would happen again
and, if so, it would be very rare. To change the structure of
the Board of Regents based on an anomaly is going overboard.
REPRESENTATIVE KAPSNER made a point of order that there is a
motion on the table.
Number 2390
REPRESENTATIVE OGG thanked the members for the opportunity to
discuss his concerns.
A roll call vote was taken. Representatives Gatto, Gara,
Kapsner, Seaton, and Wilson voted in favor of reporting HB 72,
as amended, from committee. Representative Ogg voted against
it. Therefore, CSHB 27(EDU) was reported out of the House
Special Committee on Education by a vote of 5-1.
ADJOURNMENT
There being no further business before the committee, the House
Special Committee on Education meeting was adjourned at 11:40
a.m.
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