Legislature(1997 - 1998)
04/18/1997 08:15 AM House FIN
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
HOUSE FINANCE COMMITTEE
APRIL 18, 1997
8:15 A.M.
TAPE HFC 97 - 105, Side 1, #000 - end.
TAPE HFC 97 - 105, Side 2, #000 - end.
TAPE HFC 97 - 106, Side 1, #000 - #060.
CALL TO ORDER
Co-Chair Gene Therriault called the House Finance Committee
meeting to order at 8:15 A.M.
PRESENT
Co-Chair Therriault Representative Kelly
Representative Davies Representative Martin
Representative Davis Representative Moses
Representative Foster Representative Mulder
Representative Grussendorf
Representatives Hanley and Kohring were not present for the
meeting.
ALSO PRESENT
Representative Joe Green; Representative Fred Dyson; Jeff
Logan, Staff, Representative Joe Green; Lisa Hoff, Staff,
Representative Fred Dyson; Juanita Hensley, Chief of Motor
Services, Division of Motor Vehicles, Department of
Administration; Michael Ford, Attorney, Division of Legal
Services; John George, National Association of Independent
Insurers, Juneau; Mark Johnson, Director, Division of
Emergency Medical Services, Department of Health and Social
Services.
TELECONFERENCE PARTICIPANTS
Bruce Yates, Representative for the Anchorage Safe Committee
Coalition, Anchorage; Marti Greeson, Executive Director,
MADD, Anchorage; Peggy Hayashi, State Coordinator,
Providence Hospital, Safety for Kids, Anchorage; Joan
Diamond, Anchorage; Larry Wiget, Director of Governmental
Relations, Anchorage School District, Anchorage; Peter
Partnou, Anchorage School District, Anchorage; Barbara Njaa,
Self, Kenai; Joanne Hardesty, Self, Anchorage; Lisa Sites,
Self, Fairbanks; Ruth Ewig, Self, Fairbanks; Sharon Smith,
Self, Fairbanks; Glenn Prax, Self, Fairbanks; Sharylee
Zachary, Self, Petersburg.
SUMMARY
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HB 11 An Act relating to driver's licensing; and
providing for an effective date.
HB 11 was reported out of Committee with a "do
pass" recommendation and with a fiscal note by the
Department of Administration.
HB 158 An Act relating to attendance at a public school
on a part-time basis.
HB 158 was reported out of Committee with a "do
pass" recommendation and with a zero fiscal note
by the Department of Education dated 3/26/97.
HOUSE BILL 11
"An Act relating to driver's licensing; and providing
for an effective date."
JEFF LOGAN, STAFF, REPRESENTATIVE JOE GREEN, noted that HB
11 would establish new rules for young drivers. Due to the
high incidence of accidents, injury, and death among teenage
drivers many states, and other political jurisdictions, are
changing the rules which grant teenagers the "license" to
drive.
He added that one strategy to reduce young driver accidents
is the provisional licensing system. HB 11 would establish
a graduated system whereby a new, young driver must begin
his/her progression to "driver-hood" with a learners permit,
graduating to a restricted provisional license, and then if
driving performance has been satisfactory during the
provisional period, an unrestricted license would be
awarded.
Language in HB 11 would establish certain conditions during
the provisional stage which include restrictions on
nighttime driving, so that driving takes place in less
dangerous circumstances. Several states have laws which
limit teenagers from operating motor vehicles during late
evening or early morning hours. Studies in these states
have shown that nighttime restrictions have significantly
reduced accidents.
Mr. Logan concluded that the legislation would also be
designed to allow the Division of Motor Vehicles to take
full advantage of federal legislation establishing monetary
incentives for states that implement programs for young
drivers. HB 11 will help stop the teenage carnage on our
highways.
Mr. Logan provided a sectional analysis of HB 11. He noted
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that Section #3, AS28.15.057, would establish who is
required to hold the provisional license.
Representative Foster voiced concern in how passage of the
legislation would affect youth drivers in the rural village
areas.
JUANITA HENSLEY, CHIEF OF MOTOR SERVICES, DIVISION OF MOTOR
VEHICLES, DEPARTMENT OF ADMINISTRATION, explained that in
village areas which do not have access to a Division of
Motor Vehicles (DMV) office, would have the option to come
to the Juneau office or to be issued a restricted driver's
licenses in the mail, not having to take a full fledged road
test. Although, before these youths could drive in a large
city, they would be required to take a behind-the-wheel test
to show their proficiency of driving in traffic. She
reiterated, these youth could receive the restricted license
through the mail; the nighttime restrictions would be the
same in the village areas as it would be in the cities.
Representative J. Davies asked if there was a definition of
"vehicular" way. Ms. Hensley reported that definition is
provided in AS 28.4100.24:
"Vehicular way area means a way, path or other
area, highway or private property that is
designated by official traffic control devices or
customary usage and that is open to the public for
the purposes of pedestrian or vehicle travel".
Representative J. Davies referenced Page 2, Line 21, and
asked if including "or" would be problematic. Ms. Hensley
explained that language in context would be standard
throughout the statute.
REPRESENTATIVE JOE GREEN advised that in the wintertime, it
could be safer to travel on a highway, as a vehicular way
might not be maintained as well. Inclusion of that language
allows the person to go the most safe route home.
JOHN GEORGE, NATIONAL ASSOCIATION OF INDEPENDENT INSURERS,
JUNEAU,
noted that his organization has supported the legislation
throughout the United States and that it has been adopted in
a number of other states. The legislation has been
successful at lowering the rate of young people's accidents.
He noted that the legislation would restrict young people
from driving during the early morning hours when it is most
dangerous to drive. That is the time of night when the
drunks are out and when the typically fatal accidents occur.
Representative Foster asked if passage of the legislation
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would bring down the insurance rates for kids. Mr. George
believed that it would, noting that the rates are based on
losses, so a downward trend in accidents would lower the
rates. Mr. George added that insurance rates are determined
by individual circumstances. He agreed with members that
insurance is expensive.
BRUCE YATES, (TESTIFIED VIA TELECONFERENCE), REPRESENTATIVE,
ANCHORAGE SAFE COMMUNITY COALITION, ANCHORAGE, testified in
support of the proposed legislation. He noted that he
worked as a prevention specialist with the Anchorage School
District. He agreed that the legislation would make
Anchorage a safer place to live. In working with teenagers,
he is informed about the injuries and deaths that occur each
year among high school students. These youth are the
highest age risk group in the municipality. Statistics
indicate that young adults between the ages of 15 and 24
years old, are statistically involved in more motor vehicle
deaths than any other age group.
MARTI GREESON, (TESTIFIED VIA TELECONFERENCE), EXECUTIVE
DIRECTOR, MADD, ANCHORAGE, voiced support for the proposed
legislation. She noted that she has worked in the "victim's
service" field for twenty years. The grief associated with
the loose of a child can be the most difficult to over come.
Young people are involved in over twice the number of
crashes per mile driven as are experienced adult drivers.
Those crashes occur mostly between midnight and 5 A.M. She
urged Committee members to adopt the proposed legislation.
PEGGY HAYASHI, (TESTIFIED VIA TELECONFERENCE), STATE
COORDINATOR, SAFETY FOR KIDS, PROVIDENCE HOSPITAL,
ANCHORAGE, voiced support for the legislation. She
testified that the legislation would provide an opportunity
for the Legislature to help kids.
JOAN DIAMOND, (TESTIFIED VIA TELECONFERENCE), ANCHORAGE,
echoed support for the proposed legislation and its intent
to hold juveniles accountable for their licensing.
MARK JOHNSON, CHIEF, EMERGENCY MEDICAL SERVICES, DEPARTMENT
OF HEALTH AND SOCIAL SERVICES, noted that the Department
supports the legislation and sees it as a step toward better
public health. He pointed out that other states who have
adopted similar legislation have indicated a reduction in
crashes for the youth population by 16%.
Ms. Hensley summarized that the fiscal note indicates total
operating costs of which $77 thousand dollars would be a
federal grant. The National Traffic Highway Administration
offered incentives to states to look into such a system.
Alaska and North Carolina were the only two states, at that
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time, which had undertaken such a study. Consequently,
Alaska received a grant for $77 thousand dollars.
Representative Mulder noted that implementation would
provide a net positive of $120 thousand dollars per year for
the State.
Representative G. Davis MOVED to report HB 11 out of
Committee with individual recommendations and with the
accompanying fiscal note. There being NO OBJECTION, it was
so ordered.
HB 11 was reported out of Committee with a "do pass"
recommendation and with a fiscal note by the Department of
Administration.
HOUSE BILL 158
"An Act relating to attendance at a public school on a
part-time basis."
REPRESENTATIVE FRED DYSON stated that HB 158 would prohibit
public school districts from discriminating against part-
time Alaskan students. The Alaska State Constitution,
Article VII, states:
"The legislature shall by general law establish
and maintain a system of public schools open to
all children of the State....".
He added, the Alaska Administrative Code makes provisions
and establishes a funding mechanism for part-time students.
When the Attorney General's office prepared the current
state statutes for part-time students and the foundation
formula reimbursement for part-time students, it was
anticipated that every school would fulfill the
constitutional mandate and not discriminate against the
part-time student.
Representative Dyson pointed out that on April 14, 1997, the
State Board of Education unanimously endorsed HB 158. They
strongly encouraged public schools to provide educational
service to all local qualified students including the home
schooled, correspondence, and private school students.
Representative Dyson concluded that every school district in
the State accepts part-time students from the home,
correspondence and private school communities except the
Anchorage School District (ASD). ASD has reasoned that
providing an educational benefit to an individual child
might accrue as a benefit to some private school and thus
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raise constitutional concerns. The Legislative legal staff
as well as the Attorney General's office maintain that there
is no constitutional issue at stake.
(Tape Change HFC 97-105, Side 2).
Representative J. Davies questioned how funding of the
students would affect the public school system.
Representative Dyson replied that the Administrative Code
has for over a decade allowed for reimbursement of the
foundation formula. If a student takes a one hour class,
the school district is reimbursed for a 25% credit toward
full time; it progresses to the point that a four hour class
is reimbursed for 100% credit.
SHARYLEE ZACHARY, (TESTIFIED VIA TELECONFERENCE), SELF,
PETERSBURG, spoke in support of the proposed legislation as
a home-school parent. She supported the rights of a home-
schooled child being able to attend part-time classes
through the public school system.
LARRY WIGET, (TESTIFIED VIA TELECONFERENCE), DIRECTOR OF
GOVERNMENT RELATIONS, ANCHORAGE SCHOOL DISTRICT, ANCHORAGE,
spoke in opposition to the legislation. He stated that the
Anchorage Public School questions the constitutionality of
the legislation. He advised that it would violate the
Alaska Constitution prohibition against providing direct
benefits for private schools and appropriating funds for
public purposes.
Mr. Wiget addressed the administrative burden the
legislation would create. He pointed out that the 2000
home-schooled and private schooled children in the ASD would
be "picking and choosing" from the courses in the public
school district, essentially down-grading the overall
quality of education for the full time students. He
believed that the part-time students would seek to enroll in
those courses that have higher costs associated to them.
In conclusion, those districts where admission of part-time
students has been identified as a benefit to both students
of the public schools, could be pursuing the risk of a
constitutional legal challenge. ASD believes that passage
of HB 158 would be bad public policy.
Representative Kelly argued that private school parents
should have access to the public school system facilities.
Representative Mulder agreed.
PETER PARTNOU, (TESTIFIED VIA TELECONFERENCE), ATTORNEY,
ANCHORAGE SCHOOL DISTRICT, ANCHORAGE, spoke to the
constitutional issue of the concern. He noted that the
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Alaska Supreme Court would rule if it was constitutional or
not; the Montana Supreme Court was faced with a similar
issue in which they ruled that it could not be made
mandatory. He believed that the Alaska Supreme Court would
arrive at that same conclusion. The impact of the
legislation in the Anchorage School District would be a
major egress for the public school system; it would not be a
gain for public school students.
BARBARA NJAA, (TESTIFIED VIA TELECONFERENCE), SELF, KENAI,
spoke in favor of the proposed legislation as a parent of a
home-schooled child. She emphasized that home schooling is
hard work and expensive. She noted that she resented paying
into the public school system, while not being able to use
it's advantages such as the athletic and computer programs.
She urged members to favorably consider passage of the
legislation.
JOANNE HARDESTY, (TESTIFIED VIA TELECONFERENCE), SELF,
KENAI,
commented that children should be entitled to use the school
system at whatever degree they desire as it is a "public"
system. It is the responsibility of the school district to
educate our children at whatever degree they need. She felt
that these students should be able to attend class without
discrimination.
LISA SITES, (TESTIFIED VIA TELECONFERENCE), SELF, FAIRBANKS,
spoke in support of the legislation from the perspective of
a mother who home-schools her children. She recommended
changing the language on Page 1, Line 5, from "allow" to
"not deny".
RUTH EWIG, (TESTIFIED VIA TELECONFERENCE), SELF, FAIRBANKS,
spoke in support of the proposed legislation. She commented
that she home-schools her children, while at the same time
pays $3 thousand dollars a year toward public education.
She suggested that the money should "follow the child". The
legislation would establish a standard where the State is
not left in the role of being the "big brother".
SHARON SMITH, (TESTIFIED VIA TELECONFERENCE), SELF,
FAIRBANKS, spoke in support of the proposed legislation.
She echoed considerations of the previous testimony of home-
school parents. She emphasized that education should be a
choice and that every parent should have the authority to
decide where and how to educate their child. If a parent
decides to use the public school system, they should be able
to use it to the degree that they so deem.
GLENN PRAX, (TESTIFIED VIA TELECONFERENCE), SELF, FAIRBANKS,
spoke in support of the bill which establishes partnerships
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between parents and schools. He pointed out some parents
that are home-schooling, lack the confidence or resources to
completely educate their child. Those parents would
appreciate the opportunity to have their child educated by
the public school system for some topics. He urged the
Legislature to support this concept as it will improve the
quality of education while at the same time improves the
bond between parents and their children and saves the State
money.
MICHAEL FORD, ATTORNEY, DIVISION OF LEGAL SERVICES, spoke to
the question of the constitutionality of the proposed
legislation. He commented that Legal Services concluded
that no constitutional problems exist with the legislation.
That position is supported by the Attorney General's office.
He agreed that an argument does exists regarding the
concern; the court will look at what constitutes a direct
benefit. The relationship between public school students
and the private school system in the State does not
constitute a direct-benefit. No money flows to the private
schools, while at the same time, the Constitution requires
that the public school system be open to all students.
Mr. Partnou advised, in initial discussions regarding the
legislation, Representative Dyson had questioned whether it
should address only home-schooled children or be open to
those children in private school system. Mr. Partnou agreed
that the constitutional issue would be more clear when
addressing private school students only. With regards to
correspondence students, no a clear constitutional
circumstance currently exists.
The other possible constitutional problem would be in
addressing the "entanglement" concern. The public school
district is responsible for the attendance of their
students.
Representative Kelly questioned whose job it was to enforce
free public education. Mr. Ford stated that we have rights
guaranteed in the Constitution. Generally, it is the Courts
responsibility to "flush out" those rights. There is a
provision that states:
"Public education will be available to all
children of the State".
It would be a Court decision to rule if that meant part-time
enrollment.
Mr. Partnou commented, the compulsory education laws require
that school age students be attending school. If the
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student is enrolled, they are meeting the compulsory
education requirement in which the school system is
responsible.
Representative Mulder inquired ASD's response should the
legislation pass. Mr. Wiget responded that they would
follow the letter of the law, although, he anticipated
outside challenges to be filed. Currently, there are no
part-time students attending the Anchorage School District.
Representative J. Davies questioned the language change
recommended in previous testimony, deleting "allow",
inserting "not deny".
(Tape Change HFC 97-106, Side 1).
Mr. Ford explained that most legislation is written in the
affirmative. He felt that "allow" would be inclusive
enough.
Representative Martin MOVED to report HB 158 out of
Committee with individual recommendations and with the
accompanying fiscal note. There being NO OBJECTION, it was
so ordered.
HB 158 was reported out of Committee with a "do pass"
recommendation and with a fiscal note by the Department of
Education dated 3/26/97.
ADJOURNMENT
The meeting adjourned at 9:50 A.M.
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