Legislature(1995 - 1996)

03/19/1996 02:09 PM HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
          HOUSE HEALTH, EDUCATION AND SOCIAL SERVICES                          
                       STANDING COMMITTEE                                      
                         March 19, 1996                                        
                           2:09 p.m.                                           
                                                                               
                                                                               
 MEMBERS PRESENT                                                               
                                                                               
 Representative Cynthia Toohey, Co-Chair                                       
 Representative Con Bunde, Co-Chair                                            
 Representative Al Vezey                                                       
 Representative Gary Davis                                                     
 Representative Norman Rokeberg                                                
 Representative Caren Robinson                                                 
 Representative Tom Brice                                                      
                                                                               
 MEMBERS ABSENT                                                                
                                                                               
 All members present                                                           
                                                                               
 COMMITTEE CALENDAR                                                            
                                                                               
 HOUSE BILL NO. 465                                                            
 "An Act relating to employment of teachers and school                         
 administrators and to public school collective bargaining."                   
                                                                               
      - MOVED CSHB 465 (HES) OUT OF COMMITTEE                                  
                                                                               
 HOUSE CONCURRENT RESOLUTION NO. 26                                            
 Relating to creation of the Public Inebriate Task Force.                      
                                                                               
      - MOVED CSHCR 26 (HES) OUT OF COMMITTEE                                  
                                                                               
 HOUSE BILL NO. 512                                                            
 "An Act establishing English as the common language and related to            
 the use of English in public records and at public meetings of                
 state agencies."                                                              
                                                                               
      - MOVED CSHB 512 (HES) OUT OF COMMITTEE                                  
                                                                               
 HOUSE BILL NO. 529                                                            
 "An Act giving notice of and approving the entry into, and the                
 issuance of certificates of participation in, a lease-purchase                
 agreement for a centralized public health laboratory."                        
                                                                               
      - HEARD AND HELD                                                         
                                                                               
 HOUSE BILL NO. 540                                                            
 "An Act relating to health care data and registration of births."             
                                                                               
      - MOVED OUT OF COMMITTEE                                                 
                                                                               
 HOUSE RESOLUTION NO. 12                                                       
 Supporting the collective bargaining agreement between the                    
 University of Alaska and the Alaska Community Colleges' Federation            
 of Teachers.                                                                  
                                                                               
      - HEARD AND HELD                                                         
 HOUSE BILL NO. 535                                                            
 "An Act relating to postsecondary education."                                 
                                                                               
      - BILL POSTPONED                                                         
 HOUSE BILL NO. 451                                                            
 "An Act prohibiting persons from receiving or attempting to receive           
 duplicate assistance; directing the Department of Health and Social           
 Services to establish a pilot project relating to identification of           
 recipients of public assistance; and providing for an effective               
 date."                                                                        
                                                                               
      - SCHEDULED BUT NOT HEARD                                                
 HOUSE CONCURRENT RESOLUTION NO. 30                                            
 Relating to rights of public school students.                                 
                                                                               
      - SCHEDULED BUT NOT HEARD                                                
 PREVIOUS ACTION                                                               
                                                                               
 BILL:  HB 465                                                              
 SHORT TITLE: TEACHER EMPLOYMENT/PUB SCHL BARGAINING                          
 SPONSOR(S): REPRESENTATIVE(S) IVAN                                            
                                                                               
 JRN-DATE     JRN-PG            ACTION                                         
 02/02/96      2606    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 02/02/96      2606    (H)   HEALTH, EDUCATION AND SOCIAL SERVICES             
 02/13/96              (H)   HES AT  3:00 PM CAPITOL 106                       
 02/13/96              (H)   MINUTE(HES)                                       
 03/12/96              (H)   HES AT  3:00 PM CAPITOL 106                       
 03/14/96              (H)   HES AT  2:00 PM CAPITOL 106                       
 03/19/96              (H)   HES AT  2:00 PM CAPITOL 106                       
                                                                               
 BILL:  HCR 26                                                             
 SHORT TITLE: PUBLIC INEBRIATE TASK FORCE                                      
 SPONSOR(S): REPRESENTATIVE(S) IVAN                                            
                                                                               
 JRN-DATE     JRN-PG            ACTION                                         
 02/09/96      2685    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 02/09/96      2685    (H)   HES, FINANCE                                      
 02/29/96              (H)   HES AT  3:00 PM CAPITOL 106                       
 02/29/96              (H)   MINUTE(HES)                                       
 03/14/96              (H)   HES AT  2:00 PM CAPITOL 106                       
 03/19/96              (H)   HES AT  2:00 PM CAPITOL 106                       
                                                                               
 BILL:  HB 512                                                               
 SHORT TITLE: ENGLISH AS THE COMMON LANGUAGE                                   
 SPONSOR(S): REPRESENTATIVE(S) KOTT,Barnes,Green,Kohring                       
                                                                               
 JRN-DATE     JRN-PG            ACTION                                         
 02/12/96      2728    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 02/12/96      2729    (H)   HES, JUDICIARY                                    
 02/27/96              (H)   HES AT  3:00 PM CAPITOL 106                       
 02/27/96              (H)   MINUTE(HES)                                       
 03/05/96              (H)   HES AT  2:00 PM CAPITOL 106                       
 03/05/96              (H)   MINUTE(HES)                                       
 03/08/96      3042    (H)   COSPONSOR(S): GREEN                               
 03/12/96      3101    (H)   COSPONSOR(S): KOHRING                             
 03/12/96              (H)   HES AT  3:00 PM CAPITOL 106                       
 03/14/96              (H)   HES AT  2:00 PM CAPITOL 106                       
 03/19/96              (H)   HES AT  2:00 PM CAPITOL 106                       
                                                                              
 BILL:  HB 529                                                               
 SHORT TITLE: APPROVE CENTRALIZED PUBLIC HEALTH LAB                           
 SPONSOR(S): HEALTH, EDUCATION & SOCIAL SERVICES                               
                                                                               
 JRN-DATE     JRN-PG            ACTION                                         
 02/28/96      2912    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 02/28/96      2912    (H)   HES, FINANCE                                      
 03/14/96              (H)   HES AT  2:00 PM CAPITOL 106                       
 03/19/96              (H)   HES AT  2:00 PM CAPITOL 106                       
 03/21/96              (H)   HES AT  3:00 PM CAPITOL 106                       
                                                                               
 BILL:  HB 540                                                              
 SHORT TITLE: HEALTH CARE DATA; BIRTH REGISTRATIONS                           
 SPONSOR(S): HEALTH, EDUCATION & SOCIAL SERVICES                               
                                                                               
 JRN-DATE     JRN-PG            ACTION                                         
 03/11/96      3061    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 03/11/96      3061    (H)   HEALTH, EDUCATION & SOCIAL SERVICES               
 03/19/96              (H)   HES AT  2:00 PM CAPITOL 106                       
                                                                               
 BILL:  HR  12                                                              
 SHORT TITLE: UNIV. COLLECTIVE BARGAINING CONTRACT                            
 SPONSOR(S): REPRESENTATIVE(S) WILLIAMS                                        
                                                                               
 JRN-DATE     JRN-PG            ACTION                                         
 02/12/96      2721    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 02/12/96      2721    (H)   HES, LABOR & COMMERCE                             
 03/19/96              (H)   HES AT  2:00 PM CAPITOL 106                       
 03/21/96              (H)   HES AT  3:00 PM CAPITOL 106                       
                                                                               
 BILL:  HB 535                                                              
 SHORT TITLE: POSTSECONDARY EDUCATION                                         
 SPONSOR(S): HEALTH, EDUCATION & SOCIAL SERVICES                               
 JRN-DATE     JRN-PG            ACTION                                         
 02/29/96      2962    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 02/29/96      2962    (H)   HES                                               
 03/05/96              (H)   HES AT  2:00 PM CAPITOL 106                       
 03/05/96              (H)   MINUTE(HES)                                       
 03/07/96              (H)   HES AT  8:30 AM CAPITOL 106                       
 03/14/96              (H)   HES AT  2:00 PM CAPITOL 106                       
 03/19/96              (H)   HES AT  2:00 PM CAPITOL 106                       
                                                                               
 BILL:  HB 451                                                              
 SHORT TITLE: PROHIBIT DUPLICATE PUBLIC ASSISTANCE                            
 SPONSOR(S): REPRESENTATIVE(S) MULDER                                          
                                                                               
 JRN-DATE     JRN-PG            ACTION                                         
 01/26/96      2541    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 01/26/96      2541    (H)   HES, FINANCE                                      
 02/29/96              (H)   HES AT  3:00 PM CAPITOL 106                       
 02/29/96              (H)   MINUTE(HES)                                       
 03/05/96              (H)   HES AT  2:00 PM CAPITOL 106                       
 03/05/96              (H)   MINUTE(HES)                                       
 03/12/96              (H)   HES AT  3:00 PM CAPITOL 106                       
 03/14/96              (H)   HES AT  2:00 PM CAPITOL 106                       
 03/19/96              (H)   HES AT  2:00 PM CAPITOL 106                       
                                                                               
 BILL:  HCR 30                                                              
 SHORT TITLE: STUDENT RIGHTS                                                  
 SPONSOR(S): REPRESENTATIVE(S) GREEN                                           
                                                                               
 JRN-DATE     JRN-PG            ACTION                                         
 02/12/96      2722    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 02/12/96      2722    (H)   HES, JUDICIARY, FINANCE                           
 03/19/96              (H)   HES AT  2:00 PM CAPITOL 106                       
 03/21/96              (H)   HES AT  3:00 PM CAPITOL 106                       
                                                                               
 WITNESS REGISTER                                                              
                                                                               
 VERNON MARSHALL, Executive Director                                           
 NEA-Alaska, Incorporated                                                      
 114 Second Street                                                             
 Juneau, Alaska  99801                                                         
 Telephone:  (907) 586-3090                                                    
 POSITION STATEMENT:  Testified on CSHB 465(HES)                               
                                                                               
 REPRESENTATIVE IVAN IVAN                                                      
 Alaska State Legislature                                                      
 State Capitol, Room 503                                                       
 Juneau, AK  99801                                                             
 Telephone: (907) 465-4942                                                     
 POSITION STATEMENT:  Sponsor of CSHB 465 (HES) and CSHCR 26 (HES)             
                                                                               
 TOM WRIGHT, Legislative Aide                                                  
       to Representative Ivan                                                  
 Alaska State Legislature                                                      
 State Capitol, Room 503                                                       
 Juneau, AK  99801                                                             
 Telephone: (907) 465-4942                                                     
 POSITION STATEMENT:  Testified on CSHB 465 (HES) and CSHCR 26 (HES)           
                                                                               
 CARL ROSE, Executive Director                                                 
 Association of Alaska School Boards                                           
 316 West 11th Street                                                          
 Juneau, Alaska  99801-1510                                                    
 Telephone:  (907) 586-1083                                                    
 POSITION STATEMENT:  Testified on CSHB 465                                    
                                                                               
 DON DAPCEVICH, Executive Director                                             
 Governor's Advisory Board on Alcoholism and Drug Addiction                    
 P.O. Box 110608                                                               
 Juneau, Alaska  99801-0607                                                    
 Telephone:  (907) 465-8920                                                    
 POSITION STATEMENT:  Testified CSHCR 26 (HES)                                 
                                                                               
 JULIE KRAFT, Director                                                         
 Member Service                                                                
 Alaska Municipal League                                                       
 217 Second Street                                                             
 Juneau, Alaska  99801                                                         
 Telephone:  (907) 586-1325                                                    
 POSITION STATEMENT:  Testified in support of HCR 26 (HES)                     
                                                                               
 NELSON PAGE, Chair                                                            
 Alaska Mental Health Trust Authority                                          
 810 N Street                                                                  
 Anchorage, Alaska  99501                                                      
 Telephone: (907) 276-6100                                                     
 POSITION STATEMENT:  Testified in support of HCR 26                           
                                                                               
 ROGER POPPE, Legislative Aide                                                 
         to Representative Kott                                                
 Alaska State Legislature                                                      
 State Capitol, Room                                                           
 Juneau, AK  99801                                                             
 Telephone: (907) 465-6882                                                     
 POSITION STATEMENT:  Testified on HB 512                                      
                                                                               
 IRMA MIRELES                                                                  
 P.O. Box 34326                                                                
 Juneau, Alaska  99803                                                         
 Telephone:  (907) 780-4475                                                    
 POSITION STATEMENT:  Testified against HB 512                                 
                                                                               
 KAREN PERDUE, Commissioner                                                    
 Office of the Commissioner                                                    
 Department of Health and Social Services                                      
 P.O. Box 110601                                                               
 Juneau, Alaska  99811-0601                                                    
 Telephone:  (907) 465-3030                                                    
 POSITION STATEMENT:  Testified in support of HB 529                           
                                                                               
 GREGORY V. HAYES, DrPH, Chief                                                 
 Laboratories                                                                  
 Division of Public Health                                                     
 Department of Health and Social Services                                      
 P.O. Box 110613                                                               
 Juneau, Alaska  99811-0613                                                    
 Telephone:  (907) 465-3019                                                    
 POSITION STATEMENT:  Testified in support of HB 529                           
                                                                               
 JOHN MIDDAUGH, MD, Chief                                                      
 Division of Public Health                                                     
 Department of Health and Social Services                                      
 P.O. Box 240249                                                               
 Anchorage, Alaska  99524-0249                                                 
 Telephone:  (907) 561-4406                                                    
 POSITION STATEMENT:  Testified in support of HB 529 and HB 540                
                                                                               
 TOM LANE, Facilities Manager                                                  
 Division of Public Health                                                     
 Department of Health and Social Services                                      
 P.O. Box 110613                                                               
 Juneau, Alaska  99811-0613                                                    
 Telephone:  (907) 465-3019                                                    
 POSITION STATEMENT:  Testified on HB 529                                      
                                                                               
 GREG HERREFORD, Manager                                                       
 Juneau Laboratory                                                             
 Division of Public Health                                                     
 Department of Health and Social Services                                      
 P.O. Box 110613                                                               
 Juneau, Alaska  99811-0613                                                    
 Telephone:  (907) 465-3019                                                    
 POSITION STATEMENT:  Testified in support of HB 529                           
                                                                               
 NOLAN WATSON, Senior Vice-President                                           
 McLellan and Copenhagen, Incorporated                                         
 1402 3rd Avenue, Suite 900                                                    
 Seattle, Washington  98101                                                    
 Telephone:  (206) 624-5300                                                    
 POSITION STATEMENT:  Testified in support of HB 529                           
                                                                               
 AL ZANGRI, Chief                                                              
 Vital Statistics                                                              
 Division of Public Health                                                     
 Department of Health and Social Services                                      
 P.O. Box 110675                                                               
 Juneau, Alaska  99811-0675                                                    
 Telephone:  (907) 465-3392                                                    
 POSITION STATEMENT:  Testified in support of HB 540                           
                                                                               
 GARREY PESKA, Lobbyist                                                        
 Alaska State Hospital and Nursing Home Association                            
 P.O. Box 240285                                                               
 Douglas, Alaska  99824                                                        
 Telephone:  (907) 364-2244                                                    
 POSITION STATEMENT:  Testified in support of HB 540                           
                                                                               
 REPRESENTATIVE BILL WILLIAMS                                                  
 Alaska State Legislature                                                      
 State Capitol, Room 128                                                       
 Juneau, AK  99801                                                             
 Telephone: (907) 465-3793                                                     
 POSITION STATEMENT:  Sponsor of HR 12                                         
                                                                               
 RALPH McGRATH, President                                                      
 Alaska Community Colleges Federation of Teachers                              
 2533 Providence Drive                                                         
 Anchorage, Alaska  99508                                                      
 Telephone:  (907) 562-2660                                                    
 POSITION STATEMENT:  Testified in support of HR 12                            
                                                                               
 BILL JERMAIN, Attorney                                                        
 Jermain, Dunnagan, and Owens                                                  
           Representing ACCFT                                                  
 3000 A Street, Suite 300                                                      
 Anchorage, Alaska  99503                                                      
 Telephone:  (907) 563-8844                                                    
 POSITION STATEMENT:  Testified in support of HR 12                            
                                                                               
 ACTION NARRATIVE                                                              
                                                                               
 TAPE 96-29, SIDE A                                                            
 Number 001                                                                    
 The House Health, Education and Social Services Standing Committee            
 was called to order by Co-Chair Bunde.  Members present at the call           
 to order were Representatives Bunde, Toohey, G. Davis, Rokeberg,              
 Robinson and Brice.  A quorum was present.                                    
                                                                               
 CO-CHAIR CON BUNDE announced that the agenda was HB 465, HCR 26, HB
 512, HB 451, HB 529, HB 540, HR 12 and HR 30.                                 
 HB 465 - TEACHER EMPLOYMENT/PUB SCHL BARGAINING                          
                                                                              
 Number 0154                                                                   
                                                                               
 CO-CHAIR BUNDE announced that HB 465 would be discussed, an act               
 relating to employment of teachers and school administrators and to           
 public school collective bargaining.                                          
 Number 190                                                                    
                                                                               
 CO-CHAIR CYNTHIA TOOHEY made a motion to adopt CSHB 465 ( ),                  
 version 9-LS1586\O, Cramer, dated March 18, 1996, as the working              
 document.                                                                     
                                                                               
 Number 0233                                                                   
                                                                               
 REPRESENTATIVE TOM BRICE objected for purposes of discussion and              
 said there had been many proposed amendments to HB 465.                       
                                                                               
 Number 0285                                                                   
                                                                               
 CO-CHAIR BUNDE said CSHB 465, version O, adopts amendments 4, 5, 7,           
 8, and 9.  He said Amendment 4, on page four, line two, deletes               
 "shall" and inserts "may" to make the language more permissive and            
 deals with the administrator's evaluation.  Amendment 5, page                 
 three, line nine, after "community members," deletes "peers" and              
 inserts "teachers".  He said Amendment 7, page three, line seven,             
 after "dismissal", inserts "under AS 14.20.170(a);" to add a                  
 statutory reference.  Amendment 8, page eight, line eight, inserts            
 "a teacher who has acquired tenure who is dismissed or non-retained           
 may waive the post-termination procedures set out in Section C and            
 within 60 days after receipt of notice of dismissal or non-                   
 retention file an action in the superior court", allowing direct              
 access to the superior court, rather than going through the                   
 procedure.                                                                    
                                                                               
 Number 0473                                                                   
                                                                               
 TOM WRIGHT, Legislative Aide to Representative Ivan, said Amendment           
 8 was modified by the sponsor, Representative Ivan, but retains the           
 same meaning.                                                                 
                                                                               
 Number 0487                                                                   
                                                                               
 CO-CHAIR BUNDE said the intent of Amendment 8 is that a non-                  
 retained or a dismissed teacher can go directly to superior court             
 if they chose to do so.  He said Amendment 9, on page three, line             
 22, after "last", delete "no more than one year" and more clearly             
 define the year by inserting "no less than nine months, no more               
 than 12 months".                                                              
                                                                               
 Number 0541                                                                   
                                                                               
 REPRESENTATIVE BRICE clarified that Amendment 9 involved the plan             
 for improvement.  He then withdrew his objection to the motion to             
 adopt CSHB 465 (HES), version O, as the working document.  Hearing            
 no other objection, CSHB 465 (HES), version O, was adopted as the             
 working draft by the House Standing Committee on Health, Education            
 and Social Services.                                                          
                                                                               
 Number 0566                                                                   
                                                                               
 VERNON MARSHALL, Executive Director, NEA-Alaska, Incorporated,                
 expressed his concerns regarding CSHB 465.  He said on page five,             
 line 13, regarding the stipulation, that failure to receive an                
 acceptable performance in the teacher evaluation system after the             
 implementation of a plan of improvement, would serve as a reason to           
 non-retain a tenured teacher.  He said this particular clause                 
 stipulates a process.  He said it is important to refer to the                
 established standards, especially in the evaluation section, as               
 being the professional performance standards adopted by the                   
 Department of Education (DOE).  He said those standards, or                   
 criteria, by which individuals who are teaching in the classroom,             
 are measured in accordance with the word incompetence.                        
                                                                               
 MR. MARSHALL said his organization does not have a problem with the           
 utilization of the evaluation procedure or a system to prove                  
 incompetence by showing that an individual is not performing at an            
 adequate level relative to the professional performance standards             
 adopted by the DOE.  He said a failure to execute a plan of                   
 improvement or not receiving an acceptable evaluation could be                
 applied to any number of principals in the state.  He said,                   
 "theoretically you could have, a person saying while I assume good            
 performance is 100 percent accountability 100 percent of the time."           
 He said there should be an acknowledged measure or criteria by                
 which teachers are judged.  He added that plans of improvement                
 should be developed in accordance with these standards.                       
                                                                               
 Number 0758                                                                   
                                                                               
 CO-CHAIR BUNDE clarified that he was referring to standards that              
 the DOE developed and he then asked Mr. Marshall if that should be            
 used as a baseline.                                                           
                                                                               
 Number 0770                                                                   
                                                                               
 MR. MARSHALL said either the DOE standards could be used, or the              
 deleted language of HB 465 which involves incompetency.  He said              
 competency will either be shown or not shown, reflected in the                
 evaluation system or the plan of improvement.  He said the plan of            
 improvement should deal with the issue of incompetency.  He said              
 language could be added on line 18, tying the incompetency standard           
 to the evaluation and plan of improvement.  He said his                       
 organization would like to see people removed for incompetency and            
 to do this the classroom must be monitored and evaluations must be            
 done.                                                                         
                                                                               
 Number 0820                                                                   
                                                                               
 MR. MARSHALL said the other section of concern was the reduction in           
 force, on page five, line 27.  He said some work was done on this             
 same issue in HB 217 which had more specific requirement before a             
 reduction in force was allowed to happen.  He said HB 217 required            
 a 1 percent reduction in basic need.                                          
                                                                               
 Number 0867                                                                   
                                                                               
 MR. MARSHALL said on line 31 and 32, page five, the reduction of              
 the work force requirement in CSHB 465 is a demonstrated                      
 significant reduction in per pupil expenditure, from one year to              
 the next.  He said this language is broader and more general than             
 the language in HB 217.                                                       
                                                                               
 Number 0896                                                                   
                                                                               
 MR. MARSHALL said HB 217 established that non-tenured teachers                
 would be laid off, or non-retained first, followed by tenured                 
 teachers.  He said CSHB 465, on page six, line six, a notice of               
 non-retention to all non-tenured teachers has to be given and does            
 not say that you non-retain non-tenured teachers.  He said HB 217             
 referred to the primary and secondary program and tried to reduce             
 staff at those points.                                                        
                                                                               
 Number 0962                                                                   
                                                                               
 MR. MARSHALL referred to page six, line two, and said the layoff              
 plan must identify academic or other programs which the district              
 intends to maintain.  He presented a scenario where the                       
 instrumental music program would be eliminated under the provisions           
 of CSHB 465.  He said there is no notification requirement that,              
 two years or one year prior to the elimination of the program,                
 teachers are notified and encouraged to get additional schooling so           
 that they can obtain an extra endorsement.  He said the                       
 notification process is a humane way to retain competent teachers,            
 even though it might not be the intent of CSHB 465.  He said there            
 should at least be the opportunity for individuals to have an                 
 opportunity to stay in the system.                                            
                                                                               
 Number 1041                                                                   
                                                                               
 MR. MARSHALL complicated the scenario, referring to the                       
 instrumental teacher who has received his additional endorsement              
 allowing him to teach math.  He said CSHB 465 requires that the               
 teacher show experience in the subject area in secondary and                  
 elementary programs, but added that there is an "or" inclusion in             
 line 18.  He said he would hope that if teachers showed themselves            
 capable to teach one subject, they would be allowed to teach                  
 another subject.                                                              
                                                                               
 Number 1085                                                                   
                                                                               
 MR. MARSHALL referred to Section D, line 10 to line 23, and said it           
 appears that CSHB 465 eliminates seniority.  He said there is an              
 elementary, middle school and a secondary set of teachers who can             
 be listed according to program or academic areas.  He said if a               
 school district moves to lay off staff, there is nothing in CSHB
 465 to protect any tenured teacher from possible layoff.  He said             
 to subject all staff from possible layoff seems excessive,                    
 especially when you can limit the layoff based on a seniority list.           
 He said there is no requirement that non-tenured teachers be laid             
 off first, CSHB 465 exposes everyone to possible layoff.                      
                                                                               
 Number 1158                                                                   
                                                                               
 MR. MARSHALL referred to another scenario where good teachers, who            
 the school district would want to retain if there were better                 
 economic circumstances, left the state of Alaska to teach in other            
 states.  He said the language in page six, line 32, would not allow           
 those teachers to be on the recall list.  He said he did know the             
 intent of CSHB 465, but felt that the term "state" on line 32                 
 should be eliminated.                                                         
                                                                               
 Number 1240                                                                   
                                                                               
 MR. MARSHALL said the concerns his organization had regarding the             
 opportunity to appeal directly to the superior court have been                
 eliminated in language on page seven and on page eight.  He said,             
 in conclusion, districts might want to use the grievance process to           
 adjudicate a dismissal or a non-retention through binding                     
 arbitration.  He said that this scenario would not prevent lawyers            
 from being present on both sides, but it does give the option to              
 districts that might want to utilize arbitration.  He said the use            
 of arbitration could result in a quicker and less expensive way to            
 deal with a grievance issue.                                                  
                                                                               
 MR. MARSHALL said the provisions of HB 217 should be included in              
 CSHB 465, as the language is clearer and provides a larger degree             
 of security to those tenured teachers and does not expose them to             
 the possibility of layoff.                                                    
                                                                               
 Number 1354                                                                   
                                                                               
 CO-CHAIR BUNDE said that makes two people who would wish to discuss           
 arbitration.  He added that utilizing arbitration would result in             
 the lost ability to strike in those districts.                                
                                                                               
 MR. MARSHALL said CSHB 465 is relative only to employment.                    
                                                                               
 CO-CHAIR BUNDE closed public testimony.  He asked Representative              
 Ivan and his staff, Tom Wright to join the committee in reviewing             
 the amendments.  He asked the committee members, in the future, to            
 submit amendments in writing to avoid confusion.                              
                                                                               
 Number 1414                                                                   
                                                                               
 CO-CHAIR BUNDE referred to page five, line 15, and said there was             
 some confusion regarding the definition of "acceptable" and "least            
 acceptable" performance and added Mr. Marshall's reference to HB
 217.  He asked Representative Ivan to address that concern.                   
                                                                               
 Number 1435                                                                   
                                                                               
 REPRESENTATIVE IVAN said as a result of discussions with Mr.                  
 Marshall he is submitting amendments; Amendments 10, 11 and 12.  He           
 said, in regards to this particular section, Amendment 12 would               
 modify the language in CSHB 465 to address this concern.                      
                                                                               
 Number 1459                                                                   
                                                                               
 CO-CHAIR BUNDE asked if everyone had received Amendment 12.                   
                                                                               
 Number 1473                                                                   
                                                                               
 MR. WRIGHT said the language in Amendment 12 is similar, but not              
 the same as the language proposed by Mr. Marshall and Ms. Douglas.            
                                                                               
 Number 1486                                                                   
                                                                               
 REPRESENTATIVE CAREN ROBINSON requested that Mr. Marshall be asked            
 for his comments regarding the amendment.                                     
                                                                               
 Mr. Marshall joined Representative Ivan and Mr. Wright at the                 
 witness table.                                                                
                                                                               
 Number 1515                                                                   
                                                                               
 MR. MARSHALL said his organization had wanted professional                    
 performance standards to be set up in local school district                   
 evaluation procedures.                                                        
                                                                               
 CO-CHAIR TOOHEY asked if Amendment 12 was acceptable.                         
                                                                               
 Number 1538                                                                   
                                                                               
 REPRESENTATIVE ROKEBERG asked whether these performance standards             
 would be more stringent in regards to regulations and asked if the            
 standards would be in conflict with the provision located on page             
 two, lines 25 and 26.                                                         
                                                                               
 Number 1567                                                                   
                                                                               
 MR. WRIGHT said two proposed amendments, which are based in (b)(1),           
 are based on professional performance standards adopted by the                
 Department of Regulations.  He said the local school board has to             
 use that as a basis for any adopted standards.  He said it is a               
 decision of the local school board or if they want to exceed or               
 adopt the same standard as developed by the Department of                     
 Regulations.  He said the language incorporated in CSHB 465 was               
 requested by the local school districts.                                      
                                                                               
 Number 1587                                                                   
                                                                               
 CO-CHAIR BUNDE clarified that the state standard is the minimum               
 standard, and the local school board can opt to make it more                  
 stringent but cannot decrease the standard.  He said the state                
 standard is addressed in regulations.                                         
                                                                               
 MR. WRIGHT said the regulation is in Alaska Administrative Code               
 04.200.                                                                       
                                                                               
 Number 1613                                                                   
                                                                               
 REPRESENTATIVE ROKEBERG referred to Section 3, regarding                      
 performance standards and asked if performance objectives were                
 defined in the plan of improvement included in this section.                  
                                                                               
 Number 1630                                                                   
                                                                               
 MR. WRIGHT said Section 14.20.149 outlines the evaluation                     
 procedures, known as the professional department standards, and               
 mentions the plan of improvement.  He said, instead of reciting one           
 specific portion or one subsection, it was left broad and all                 
 encompassing.                                                                 
                                                                               
 REPRESENTATIVE ROKEBERG clarified that it is universal                        
 (indiscernible) to that section.                                              
                                                                               
 Number 1665                                                                   
                                                                               
 REPRESENTATIVE ROKEBERG made a motion to adopt Amendment 12 to CSHB
 465.                                                                          
                                                                               
 Number 1671                                                                   
                                                                               
 REPRESENTATIVE BRICE made a point of order and said the committee             
 needed to address Amendments 1,2,3 in that order first.  After                
 committee discussion regarding the point of order, Representative             
 Brice contended that these first proposed amendments would have               
 bearing on Amendment 12.                                                      
                                                                               
 Number 1691                                                                   
                                                                               
 REPRESENTATIVE ROKEBERG withdrew his motion to adopt Amendment 12             
 to CSHB 465.                                                                  
                                                                               
 Number 1699                                                                   
                                                                               
 CO-CHAIR BUNDE referred to page five, line 27, regarding the                  
 reduction in force, and said it wasn't a specific line reference,             
 but it addressed the whole notion of the reduction in force.  He              
 referred to the inclusion in HB 217 of a 1 percent reduction rather           
 then a significant and demonstrated reduction.  He asked                      
 Representative Ivan to comment on this concern.                               
                                                                               
 Number 1732                                                                   
                                                                               
 REPRESENTATIVE IVAN said at this time he could not agree to the               
 proposed layoff language and said he preferred the language in CSHB
 465.  He said quality standards must be included in the layoff and            
 rehire procedure.                                                             
                                                                               
 Number 1762                                                                   
                                                                               
 CO-CHAIR BUNDE referred to page six, line six, and questioned the             
 intent of this language.  He asked whether all teachers should be             
 notified about possible non-retention.                                        
                                                                               
 Number 1788                                                                   
                                                                               
 MR. WRIGHT said the intent is that before a tenured teacher be                
 placed on layoff status a notice of non-retention has to be                   
 provided to non-tenured teachers, except when utilizing the quality           
 standards to evoke non-retention.                                             
                                                                               
 Number 1809                                                                   
                                                                               
 MR. MARSHALL said the language in HB 217 states, "after the                   
 district has non-retained all non-tenured teachers," and added that           
 this language is very clear.                                                  
                                                                               
 Number 1819                                                                   
                                                                               
 CO-CHAIR BUNDE said the language in CSHB 465 only refers to giving            
 notice of non-retention and does not say that the district non-               
 retain them before you go on to the tenured teacher.  He asked the            
 intent of the sponsor, whether it was to provide notice or non-               
 retain the teachers.  He said this question does not have to be               
 answered now, but could be addressed at a later date.                         
                                                                               
 Number 1843                                                                   
                                                                               
 CO-CHAIR BUNDE referred to page six, line 32, where someone in the            
 state receives an option of being recalled while maintaining their            
 recall status, while they are currently working another job which             
 prevents them from breaking their current contract.  He restated              
 Mr. Marshall's concern that if the teacher is currently working in            
 another state, where they would have to break their contract to               
 come back to the state, if the language in CSHB 465 could                     
 incorporate these people as well.                                             
                                                                               
 Number 1880                                                                   
                                                                               
 REPRESENTATIVE IVAN said the intent is to give everyone the full              
 opportunity to regain their former position.  He said the                     
 geographic logistics were not included, but said he would concur              
 that if someone was on layoff status they should not be limited by            
 geography.                                                                    
                                                                               
 Number 1896                                                                   
                                                                               
 CO-CHAIR BUNDE clarified that even if laid off teachers were in               
 another state, they could still retain recall status.                         
                                                                               
 REPRESENTATIVE IVAN said new language could be added so that it               
 could read another part of the state or another district.                     
                                                                               
 Number 1906                                                                   
                                                                               
 CO-CHAIR BUNDE said this geographic language change would be listed           
 as Amendment 13.                                                              
                                                                               
 Number 1925                                                                   
                                                                               
 CO-CHAIR BUNDE said the committee would go through the amendment              
 process now that the questions had been addressed.                            
                                                                               
 REPRESENTATIVE BRICE made a motion to adopt Amendment 1 to CSHB
 465.                                                                          
                                                                               
 Number 1937                                                                   
                                                                               
 CO-CHAIR TOOHEY objected to the proposed Amendment 1.                         
                                                                               
 Number 1942                                                                   
                                                                               
 REPRESENTATIVE BRICE said Amendment 1 reinserts the incompetency              
 standards that had previously existed within the statutes.  He said           
 the state has legally defined standards and he believed that                  
 Amendment 1 incorporated the language of proposed Amendment 12 with           
 the inclusion of the incompetency standards.                                  
                                                                               
 Number 1987                                                                   
                                                                               
 REPRESENTATIVE IVAN said he was against the proposed Amendment 1              
 because of the reversion to the original language.  He said this              
 language leaves the definition open and vague, and subject to                 
 litigation.  He said the costs of associated court cases is what              
 CSHB 465 is seeking to avoid.                                                 
                                                                               
 Number 2012                                                                   
                                                                               
 REPRESENTATIVE BRICE said, as it is an issue of people's                      
 livelihoods, standards should be met.  He said the application of             
 a plan of improvement should be subject to a just cause test and              
 the plan of improvement should also meet this requirement.                    
                                                                               
 Number 2034                                                                   
                                                                               
 REPRESENTATIVE ROBINSON said it was important to note that the                
 proposed Amendment 1 incorporates both the language in CSHB 465 and           
 the language regarding a failure, after implementation of a plan of           
 improvement, to receive an evaluation of least acceptable                     
 performance under teacher evaluations.  She said Amendment 1 allows           
 two ways to improve a teacher's performance.  She asked for Mr.               
 Rose's input as the language in the proposed Amendment 1 is a                 
 standard which has been followed and it is wording that most people           
 understand.  She believed that the proposed Amendment 1 made the              
 language of CSHB 465 stronger.                                                
                                                                               
 Number 2070                                                                   
                                                                               
 CARL ROSE, Executive Director, Association of Alaska School Boards,           
 said attempts have been made to remove the standard of                        
 incompetence, for a long time.  He said this standard is too low              
 and that the definition of incompetence is listed in Alaska case              
 law to such a stringent degree.  He said a teacher who ranks a two            
 on a scale of ten, with ten being excellence and a one being                  
 incompetent, would still be regarded as competent.  He said CSHB
 465 addresses standards and acceptable performance.  He said the              
 issue of incompetence is so stringent that many administrators are            
 unable to use it to prove the competency or incompetency of                   
 individuals in the classroom.  He said the standards, adopted by              
 the Department's regulations, allow the local districts the                   
 opportunity to examine a criteria based evaluation "in concert"               
 with their community.  He said this would establish what teachers             
 are expected to teach and what parents can expect in the classroom.           
                                                                               
 Number 2138                                                                   
                                                                               
 REPRESENTATIVE ROBINSON said the proposed Amendment 1 makes the               
 language stronger because it gives the school district both                   
 options, either under the provision of incompetency or failure to             
 meet the criteria set up in the plan of improvement, and asked what           
 the objection was to providing this option in CSHB 465.                       
                                                                               
 Number 2161                                                                   
                                                                               
 MR. ROSE said the school districts are trying to move to a criteria           
 based evaluation process in order to provide progressive education            
 and also to address the quality of education instruction in the               
 classroom.  He said school districts are trying to focus on                   
 performance and quality, but that they are dealing with                       
 protectionism.  He said this is a difficult transition to make if             
 the state is more concerned with the consequences than the efforts            
 to improve the quality of education.  He said the employees should            
 be protected, but lowering the education standards to protect those           
 employees causes concern.                                                     
                                                                               
 Number 2184                                                                   
                                                                               
 A roll call vote was taken on proposed Amendment 1 to CSHB 465.               
 Representatives Brice and Robinson voted yea.  Representatives G.             
 Davis, Rokeberg, Co-Chair Toohey and Co-Chair Bunde voted nay.                
 Amendment 1 failed to be adopted to in the House Standing Committee           
 on Health, Education and Social Services.                                     
                                                                               
 Number 2222                                                                   
                                                                               
 REPRESENTATIVE BRICE made a motion to adopt Amendment 2 to CSHB
 465.                                                                          
                                                                               
 CO-CHAIR TOOHEY objected to the proposed Amendment 2.                         
                                                                               
 Number 2277                                                                   
                                                                               
 REPRESENTATIVE BRICE said the proposed Amendment 2 changes the                
 language from an acceptable level to a satisfactory level, or less            
 than acceptable level to an incompetent level.  He said it re-                
 defines the definition of incompetence as the inability or the                
 unintentional or intentional failure to perform the teachers'                 
 customary duties in a satisfactory manner.  He said the proposed              
 Amendment 2 adds clarity to the concerns that were just raised                
 regarding incompetence.                                                       
                                                                               
 CO-CHAIR BUNDE mentioned the discussion concerning incompetency.              
                                                                               
 REPRESENTATIVE BRICE said proposed Amendment 2 is a redefinition of           
 that standard.                                                                
                                                                               
 A roll call vote was taken on proposed Amendment 2 to CSHB 465.               
 Representatives Brice and Robinson voted yea.  Representatives G.             
 Davis, Rokeberg, Co-Chair Toohey and Co-Chair Bunde voted nay.                
 Amendment 2 failed to be adopted to in the House Standing Committee           
 on Health, Education and Social Services.                                     
                                                                               
 Number 2293                                                                   
                                                                               
 REPRESENTATIVE BRICE made a motion to adopt Amendment 3 to CSHB
 465.                                                                          
                                                                               
 CO-CHAIR TOOHEY objected to the proposed Amendment 3.                         
                                                                               
 Number 2302                                                                   
                                                                               
 REPRESENTATIVE BRICE said the proposed Amendment 3 states that the            
 evaluating administrator consult with the tenured teacher in                  
 setting clear, specific performance expectations to be included in            
 the plan of improvement.  He said a concern was raised that there             
 was no specific language of what these plans of improvement will              
 include.  He added that specific language must be included in                 
 statute to prevent situations where unobtainable standards were               
 established.  He said the proposed Amendment 3 would allow for a              
 working relationship between the administrators and employees to              
 occur.                                                                        
                                                                               
 Number 2347                                                                   
                                                                               
 CO-CHAIR BUNDE said he found it difficult to imagine that a plan of           
 improvement would occur without including the teacher.                        
                                                                               
 TAPE 96-29, SIDE B                                                            
 Number 0000                                                                   
                                                                               
 CO-CHAIR BUNDE said Section 3 includes a requirement that                     
 observations and the establishment of criteria be found.  He added            
 that it appeared the intent was to include the teacher in                     
 developing the plan of improvement.  He asked the sponsor whether             
 the language of CSHB 465 needed to be clarified.                              
                                                                               
 Number 0073                                                                   
                                                                               
 MR. WRIGHT said his reading of the proposed Amendment 3 is that it            
 would require the administration to consult with each tenured                 
 teacher within that school district or within that specific school            
 to set up these specific expectations which would be included in              
 the plan of improvement.                                                      
                                                                               
 Number 0086                                                                   
                                                                               
 CO-CHAIR BUNDE clarified that the language of proposed Amendment 3            
 states "with the" and would mean that if a plan of improvement were           
 needed, a specific teacher would be notified.                                 
                                                                               
 MR. WRIGHT said the issue of how a plan of improvement is going to            
 be implemented can be addressed at a local level.  He said there              
 was language in CSHB 465 which addressees ways in which the tenured           
 and non-tenured teachers performance can be improved.                         
                                                                               
 Number 0105                                                                   
                                                                               
 CO-CHAIR TOOHEY said CSHB 465 clearly states "that's what will                
 happen."                                                                      
                                                                               
 Number 0110                                                                   
                                                                               
 REPRESENTATIVE ROKEBERG asked the sponsor to point out specific               
 language where teachers are included in the plan of improvement.              
                                                                               
 Number 0115                                                                   
                                                                               
 CO-CHAIR BUNDE asked the sponsor whether the intent of the plan of            
 improvement would include the teacher, whether it would be a "give            
 and take" situation.  He said the principal could ask for specific            
 changes and the teacher could respond to those changes.                       
                                                                               
 Number 0141                                                                   
                                                                               
 REPRESENTATIVE ROKEBERG requested that the sponsor address his                
 question.                                                                     
                                                                               
 Number 0150                                                                   
                                                                               
 MR. WRIGHT said the plan of improvement under page three, line 20,            
 must address ways in which the tenured teacher's performance can be           
 improved.  He said the language in CSHB 465 does not specifically             
 provide language such as that offered in the proposed Amendment 3.            
 He reiterated that this issue can be addressed at the local level             
 and concluded that setting clear, specific performance expectations           
 would be the question asked.                                                  
                                                                               
 Number 0171                                                                   
                                                                               
 REPRESENTATIVE ROKEBERG said CSHB 465 changes the whole standard              
 for non-retaining a teacher and added that the teacher should be              
 placed on notice regarding the establishment of a plan of                     
 improvement and what those expectations are.  He said the language            
 of the proposed Amendment 3 might not be exactly right, but there             
 is nothing in CSHB 465 that sets these goals.                                 
                                                                               
 Number 0205                                                                   
                                                                               
 CO-CHAIR BUNDE said the issue is, in constructing the plan of                 
 improvement, whether or not the teacher is a part of that process.            
 He said a good management tool is to include someone in the                   
 discussion in order to get them to improve their performance.                 
                                                                               
 Number 0214                                                                   
                                                                               
 REPRESENTATIVE ROKEBERG said CSHB 465 incorporates broad and                  
 specific language and added that he supported the proposed                    
 Amendment 3.                                                                  
                                                                               
 Number 0225                                                                   
                                                                               
 REPRESENTATIVE GARY DAVIS said he supported flexibility at the                
 local level.  He referred to page two, line 14, which gives some              
 strong participation by the school board and therefore gives anyone           
 who participates in the system the opportunity to help develop the            
 plan of improvement.  He said, at the school board level, there is            
 the opportunity to develop the plan of improvement which should be            
 detailed in regards to the criteria that will be evaluated.                   
                                                                               
 Number 2136                                                                   
                                                                               
 CO-CHAIR BUNDE said the proposed Amendment 3 says that as the                 
 principal develops the plan, they will do it in consultation with             
 the person who will ultimately implement the plan, the teacher.               
                                                                               
 Number 0271                                                                   
                                                                               
 REPRESENTATIVE ROKEBERG said he believed that there were going to             
 be fundamental, minimal standards in the objectives set up, as                
 criteria, by the school board.  He assumed that each plan would be            
 modified to match the individual failings of a particular teacher             
 and this individual plan of improvement would not be mentioned in             
 the basic criteria.                                                           
                                                                               
 Number 0303                                                                   
                                                                               
 REPRESENTATIVE IVAN said his reservation regards the fiscal note              
 which might be required by the proposed Amendment 3.  He said to              
 meet this criteria might require traveling between villages.  He              
 said he agreed that people, who are going to be put on a plan of              
 improvement, should be consulted.                                             
                                                                               
 Number 0334                                                                   
                                                                               
 REPRESENTATIVE ROKEBERG said that if a plan of improvement is going           
 to be developed, the teacher should know about it and there is                
 nothing currently in CSHB 465 which specifies this requirement.  He           
 said the travel concerns could be avoided by using the telephone or           
 other methods than person-to-person consultation.                             
                                                                               
 Number 0357                                                                   
                                                                               
 CO-CHAIR TOOHEY withdrew her objection to Amendment 3.  Hearing no            
 further objection, Amendment 3 was incorporated into CSHB 465 by              
 the House Standing Committee on Health, Education and Social                  
 Services.                                                                     
                                                                               
 Number 2031                                                                   
                                                                               
 REPRESENTATIVE ROBINSON made a motion to adopt Amendment 6 to CSHB
 465.                                                                          
                                                                               
 Number 0402                                                                   
                                                                               
 CO-CHAIR TOOHEY objected to the proposed Amendment 6.                         
                                                                               
 REPRESENTATIVE ROBINSON said her concern had to do with the absence           
 of language in CSHB 465.  She referred to Section 10, regarding               
 procedures upon notice of dismissal or non-retention.  She then               
 pointed out that, in some original language, it states that before            
 a teacher is dismissed or before a tenured teacher is non-retained.           
 She said the language regarding non-retained teachers is completely           
 absent from CSHB 465.  She also expressed concern over the absence            
 of language that the teacher must be given both oral and written              
 notification.  She asked the sponsor why the language, in both                
 cases, was eliminated.                                                        
                                                                               
 Number 0448                                                                   
                                                                               
 MR. WRIGHT said that Section 10, (a) refers to dismissals.  He                
 referred to subsection (b) and said it referred to non-retention.             
 He said some of the concern regards whether an impartial party                
 would review the teachers case which could be uncomfortable if it             
 was reviewed by the school board.  He said as a result of this                
 concern, language was inserted on page eight, line nine, to let the           
 teacher go directly to superior court.  He said, during discussions           
 with various parties, instead of having an oral notification it was           
 felt that written notification be given to avoid hearsay.  He said            
 it was felt that having the tapes of the meetings available would             
 be sufficient and avoid unnecessary expense.  He said a transcript            
 could then be done.                                                           
                                                                               
 Number 0505                                                                   
                                                                               
 REPRESENTATIVE ROBINSON withdrew Amendment 6 to CSHB 465.                     
                                                                               
 Number 0529                                                                   
                                                                               
 REPRESENTATIVE ROKEBERG made a motion to adopt Amendment 10 to CSHB
 465, which clarified the one year period.  Hearing no objection               
 Amendment 10 was adopted to CSHB 465 by the House Standing                    
 Committee on Health, Education and Social Services.                           
                                                                               
 Number 0551                                                                   
                                                                               
 REPRESENTATIVE ROKEBERG made a motion to adopt Amendment 11, page             
 three, line 22, to CSHB 465.  Hearing no objection Amendment 11 was           
 adopted to CSHB 465 by the House Standing Committee on Health,                
 Education and Social Services.                                                
                                                                               
 Number 0564                                                                   
                                                                               
 REPRESENTATIVE ROKEBERG made a motion to adopt Amendment 12, page             
 three, line 22, to CSHB 465.                                                  
                                                                               
 Number 0570                                                                   
                                                                               
 REPRESENTATIVE BRICE objected to the proposed Amendment 12 and said           
 it referred to the standards as being those standards established             
 under (b)(1) of the section.  He asked if "(b)(1)" should be added            
 to the proposed Amendment 12 to avoid confusion.                              
                                                                               
 Number 0594                                                                   
 REPRESENTATIVE ROKEBERG said, in his question to the sponsor of               
 CSHB 465, he was told that it was a universal reference to the                
 whole section.                                                                
                                                                               
 REPRESENTATIVE BRICE withdrew his objection.  Hearing no further              
 objection Amendment 12 was adopted to CSHB 465 by the House                   
 Standing Committee on Health, Education and Social Services.                  
                                                                               
 Number 0599                                                                   
                                                                               
 CO-CHAIR BUNDE referred back to Amendment 13 on page six, lines 31            
 and 32, and said it should read, "provide professional service to             
 another private or public educational program" deleting "in the               
 state".                                                                       
                                                                               
 REPRESENTATIVE ROKEBERG made a motion to adopt Amendment 13 to CSHB
 465.  Hearing no objection Amendment 13 was adopted to CSHB 465 by            
 the House Standing Committee on Health, Education and Social                  
 Services.                                                                     
                                                                               
 Number 0657                                                                   
                                                                               
 REPRESENTATIVE BRICE said procedures upon notice of dismissal,                
 found in Section 10, there is a pre-termination hearing and that it           
 must comport with the minimum requirements of due process.  He                
 asked if the time between notification and pre-termination would be           
 immediate.  He mentioned a scenario where notification was given 30           
 minutes before the pre-termination meeting.                                   
                                                                               
 Number 0688                                                                   
                                                                               
 CO-CHAIR BUNDE said this scenario would not be his interpretation             
 of CSHB 465.                                                                  
                                                                               
 Number 0696                                                                   
                                                                               
 MR. WRIGHT said, under those circumstances, the people involved               
 would go to court and that the court would most likely rule the               
 case in favor of the teacher in that it did not fit the                       
 requirements listed in CSHB 465.                                              
                                                                               
 Number 0704                                                                   
                                                                               
 REPRESENTATIVE BRICE clarified that there is the understanding,               
 given the minimum requirements of due process, of the requirement             
 that a certain amount of preparation time be given.                           
                                                                               
 Number 0718                                                                   
                                                                               
 REPRESENTATIVE ROKEBERG referred to page three, line eight, and               
 asked the appropriateness of having students in this process.  He             
 expressed concern over this provision and said he would be willing            
 to move Amendment 14.                                                         
                                                                               
 Number 0748                                                                   
                                                                               
 CO-CHAIR BUNDE said, regarding proposed Amendment 14, that the                
 student involvement in the process might only want to be limited to           
 secondary students as most elementary students love their teacher.            
 He shared the concern over the possibility of popularity contests.            
                                                                               
 Number 0762                                                                   
                                                                               
 MR. WRIGHT said there was no strong feeling regarding this issue,             
 either for or against.  He then mentioned that there are students             
 who sit on local school boards.                                               
                                                                               
 Number 0782                                                                   
                                                                               
 REPRESENTATIVE ROKEBERG said "they're community members too, I                
 would assume.  One of the reasons I wanted to bring this up was               
 that I think this particular word is being used as an axe against             
 the whole bill."  He made a motion to adopt Amendment 14 to CSHB
 465.                                                                          
                                                                               
 Number 0799                                                                   
                                                                               
 REPRESENTATIVE GARY DAVIS objected to the proposed Amendment 14.              
 He said CSHB 465 provides an opportunity, the extent of which can             
 be left to the local school districts, to allow those students to             
 be part of the process.  He questioned, if this language was                  
 excluded from CSHB 465, whether it would eliminate students from              
 the process.                                                                  
                                                                               
 Number 0823                                                                   
                                                                               
 REPRESENTATIVE ROKEBERG said the inclusion of "student" might                 
 prevent the passage of CSHB 465.                                              
                                                                               
 CO-CHAIR TOOHEY said students should be included in the process.              
                                                                               
 Number 0851                                                                   
                                                                               
 REPRESENTATIVE ROBINSON said she had no problem with the inclusion            
 of students in the process, but added that through community                  
 members and through parents most young people would get an                    
 opportunity to be included in the process.                                    
                                                                               
 A roll call vote was taken on Amendment 14.  Representatives                  
 Rokeberg, Brice and Bunde voted yea.  Representatives Robinson, G.            
 Davis and Toohey voted nay.  Amendment 14 failed to be adopted to             
 in the House Standing Committee on Health, Education and Social               
 Services.                                                                     
                                                                               
 Number 0892                                                                   
                                                                               
 CO-CHAIR TOOHEY made a motion to move CSHB 465 as amended, with               
 individual recommendations and zero fiscal note.  Hearing no                  
 objection CSHB 465 was moved from the House Standing Committee on             
 Health, Education and Social Services.                                        
 HCR - 26 PUBLIC INEBRIATE TASK FORCE                                       
                                                                               
 Number 0954                                                                  
                                                                               
 CO-CHAIR BUNDE said the next item on the agenda was HCR 26,                   
 relating to creation of the Public Inebriate Task Force.                      
                                                                               
 REPRESENTATIVE IVAN said changes were made to HCR 26.  He said on             
 page one, line six of the CSHCR 26, language was added that mirrors           
 that of HB 523: State Policy on Sobriety.  He said the additional             
 language comes after the word "treatment" and states, "that can               
 introduce them to, and help them learn new life skills and social             
 skills that would be useful to them in attaining and maintaining              
 normal lives as productive members of society."                               
                                                                               
 REPRESENTATIVE IVAN referred to page two, line 28 and line 30, and            
 said CSHCR deletes one member from the Senate and one member from             
 the House of Representatives.  He referred to page two, line 31,              
 and said instead of 13 members to be appointed by the Speaker of              
 the House and the president of the Senate, the number of appointees           
 will now total nine members.                                                  
                                                                               
 REPRESENTATIVE IVAN referred to page three, line two, and said a              
 member from the Division of Alcoholism and Drug Abuse was deleted             
 and a member from the Deparment of Health and Social Services was             
 added at the request of the department.                                       
                                                                               
 REPRESENTATIVE IVAN said on page three, to bring the task force               
 membership to 11 members, in addition to the reduction to two                 
 legislators, four at large members were eliminated including one              
 member of the Alaska Federation of Natives, one member of the                 
 Alaska Association of Chiefs of Police, one village public safety             
 officer and one member representing practicing physicians.                    
                                                                               
 Number 1054                                                                   
                                                                               
 CO-CHAIR TOOHEY made a motion to adopt CSHCR 26, version 9-                   
 LS1666\C, dated March 12, 1996.  Hearing no objections CSHCR 26 was           
 now before the House Standing Committee on Health, Education and              
 Social Services.                                                              
                                                                               
 Number 1076                                                                   
                                                                               
 REPRESENTATIVE ROKEBERG asked if there was only one fiscal note               
 from the Department of Public Safety.                                         
 CO-CHAIR BUNDE said there is another fiscal note from LAA Services            
 for $62,700.                                                                  
                                                                               
 Number 1097                                                                   
                                                                               
 REPRESENTATIVE IVAN said the fiscal note from Administrative                  
 Services was for support staff.                                               
                                                                               
 Number 1107                                                                   
                                                                               
 MR. WRIGHT said the fiscal note reflects support staff as well as             
 travel expenses.  He said the fiscal note would be decreased as a             
 result of the reduction of task force members.                                
                                                                               
 CO-CHAIR TOOHEY asked that language regarding the use of                      
 teleconference be included in CSHCR 26.                                       
                                                                               
 MR. WRIGHT said it was in CSHCR 26.                                           
                                                                               
 Number 1120                                                                   
                                                                               
 REPRESENTATIVE ROBINSON asked if the intent was to hire one staff             
 person.                                                                       
                                                                               
 Number 1126                                                                   
                                                                               
 MR. WRIGHT said he could not say for sure, it would be up to                  
 Representative Ivan and the Speaker of the House.                             
                                                                               
 Number 1139                                                                   
                                                                               
 REPRESENTATIVE ROBINSON said she believed that existing staff                 
 should be able to perform those duties and mentioned that there was           
 travel money in CSHCR 26.                                                     
                                                                               
 Number 1168                                                                   
                                                                               
 DON DAPCEVICH, Executive Director, Governor's Advisory Board on               
 Alcoholism and Drug Addiction, said he supported CSHCR 26 and that            
 the advisory board wants to take part in this task force.  He said            
 the board recognizes the extent of the process, in regards to                 
 community needs, other agencies and departments.  He said the                 
 advisory board is one small part of this process, but an important            
 one.                                                                          
                                                                               
 Number 1221                                                                   
                                                                               
 MR. DAPCEVICH said the debilitating effect that the public                    
 inebriate has had on communities across the state is being felt               
 more.  He said it is becoming more of a crisis as less money is               
 available for municipalities to deal with this problem.  He said              
 communities are having to allocate their scarce resources to deal             
 with this problem.  He said the Public Inebriate Task Force is not            
 going to develop expensive solutions, but may rethink the way in              
 which the state does business with many of the involved agencies.             
 He said CSHCR 26 is a way in which the legislature can get the                
 involved agencies together to work in a collaborative manner to               
 solve these problems.                                                         
                                                                               
 Number 1261                                                                   
                                                                               
 CO-CHAIR TOOHEY asked the reason why $15,000 is being spent on                
 travel when the state has the ability to utilize the teleconference           
 system.                                                                       
                                                                               
 MR. DAPCEVICH said he could foresee some travel expense to gather             
 input from across the state, but said that he could not list                  
 specific details related to that.                                             
                                                                               
 Number 1295                                                                   
                                                                               
 CO-CHAIR TOOHEY said she could understand the need for gathering              
 input, but pointed out that three of the meetings are scheduled in            
 Anchorage where the teleconference system can be used.  She then              
 referred to the $42,700 for a legislative administrative assistant,           
 Range 19A, and asked if there was someone in the department who               
 could provide that assistance, as the assistant would only be                 
 needed for those three meetings.                                              
                                                                               
 MR. DAPCEVICH said he could not speak for the department and added            
 that the advisory board only has two staff.                                   
                                                                               
 Number 1313                                                                   
                                                                               
 CO-CHAIR BUNDE asked if Co-Chair Toohey wanted to rewrite a fiscal            
 note to which she replied in the affirmative.                                 
                                                                               
 Number 1074                                                                   
                                                                               
 JULIE KRAFT, Director, Member Service, Alaska Municipal League, was           
 next to testify.  She read from a sponsor statement, "The Alaska              
 Municipal League supports passage of HCR 26.  Many communities lack           
 the financial resources to deal with the problem of public                    
 inebriates.  Communities are required to detain these people with             
 extremely limited financial assistance, while faced with ever                 
 increasing costs.  The public inebriate problem is a public safety            
 problem, a medical care problem, and a drug alcohol treatment                 
 problem.  This issue will not be resolved from any one single                 
 entity, but everyone must take responsibility to develop a                    
 solution.                                                                     
                                                                               
 A comprehensive plan needs to be developed by those people who have           
 to deal directly with the issue of treatment and services for                 
 intoxicated persons.  HCR 26 will provide the mechanism to do just            
 that."                                                                        
                                                                               
 Number 1372                                                                   
                                                                               
 NELSON PAGE, Chair, Alaska Mental Health Trust Authority, was next            
 to testify.  He said he is in support of the proposed task group as           
 this is an important one for the beneficiaries of the trust as well           
 as the communities that serve those beneficiaries.  He concluded by           
 stating his support of the resolution.                                        
                                                                               
 Number 1424                                                                   
                                                                               
 CO-CHAIR TOOHEY made a motion to move CSHCR 26 (HES) with an                  
 amended fiscal note of $15,000 and individual recommendations.                
                                                                               
 Number 1449                                                                   
                                                                               
 REPRESENTATIVE ROBINSON objected to the motion.  She agreed that              
 the fiscal note seemed large, but suggested that the finance                  
 committee be the committee to address the fiscal note.                        
                                                                               
 Number 1469                                                                   
                                                                               
 CO-CHAIR BUNDE said it was a committee's prerogative to write a               
 fiscal note.                                                                  
                                                                               
 Number 1530                                                                   
                                                                               
 CO-CHAIR TOOHEY said the finance committee could choose to put the            
 old fiscal note back into CSHCR 26.  A discussion ensued regarding            
 whether or not the committee should vote on amending the fiscal               
 note, when it was decided not to take a roll call vote on this                
 issue, Representative Robinson withdrew her objection to the                  
 motion.  Hearing no further objection CSHCR 26 (HES) was moved from           
 the House Standing Committee on Health, Education and Social                  
 Services.                                                                     
 HB 512 - ENGLISH AS THE COMMON LANGUAGE                                     
                                                                               
 CO-CHAIR BUNDE announced that the next item on the agenda was HB
 512, an act establishing English as the common language and related           
 to the use of English in public records and at public meetings of             
 state agencies.                                                               
                                                                               
 Number 1591                                                                   
                                                                               
 ROGER POPPE, Legislative Aide to Representative Kott, said changes            
 were made to HB 512 and are now incorporated in CSHB 512, version             
 9-LS1700\G.  He believed that once the CSHB 512 version was                   
 incorporated into the Basis System, it would remove concerns from             
 the rural areas of the state regarding this legislation.  He                  
 referred to page three, line nine, and said that language was                 
 deleted to avoid confusion surrounding a native corporation.  The             
 inserted new language was "of the state".                                     
                                                                               
 MR. POPPE said, when drafting HB 512, Representative Kott operated            
 under the assumption that there wasn't any activity at the local              
 level that was conducted in other languages.  He said upon                    
 receiving new information that there are some rural areas                     
 conducting all or part of their meetings in native language, the              
 CSHB 512 was changed so that it does not try to force them to                 
 change that practice.  He said this substantive change of CSHB 512            
 is located on page two, lines 11 through 13, Section B, "where it             
 says a municipality may by ordinance or resolution elect not to be            
 subject to (a) of this section.  In other words a municipal school            
 district or regional educational attendance area may, by vote of              
 the school board, elect not to be subject to (a) of this section,             
 which in essence is "the whole bill."                                         
                                                                               
 Number 1733                                                                   
                                                                               
 IRMA MIRELES read from a statement, "I'm fourth generation American           
 of Mexican descent, bilingual in English and Spanish.  As a member            
 of the Hispanic community and a member of the state advisory                  
 committee to the U.S. Commission on Civil Rights, I appreciate the            
 opportunity to submit this statement strongly opposing the proposed           
 HB 512 `an act establishing English as the official language...'              
                                                                               
 We, Hispanics, have a long history of patriotism and honor being in           
 this country and proudly serving in many capacities including the             
 military, since before the Civil War, in spite of years of racism             
 inflicted on us.                                                              
                                                                               
 Hispanic names are well engraved in Alaska's history and geography,           
 and, in Alaska, Spanish is the second most commonly spoken language           
 next to Yupik.  We are one of the fastest growing population and in           
 Juneau, we number about 1,500 and contribute with sweat of our                
 brow, taxes and votes.  We have strong family values and encourage            
 our children to learn English and be valuable citizens by being               
 bilingual.  An English only law can lead to a stigma, embarrassing            
 our children into believing they are second-class citizens when               
 speaking Spanish.  This bill claims that bilingual education would            
 be protected.  Did you know that U.S. English, the real sponsors of           
 this bill, in their action program state, `Restriction of                     
 government funding for bilingual education to short-term program              
 only'?  We have a little bit of protection here since Alaska                  
 statute does protect it under Article 6.  In 1926, Alaska passed a            
 literacy law as a requirement for voting.  The intent of this law             
 was to keep Alaska Natives from voting.  Today, you have HB 512.              
 Again, U.S. English in their action program state, `Repeal laws               
 mandating multilingual ballots and voting materials.'  This bill              
 would open the door for similar laws and would be a proponent of              
 racism.  Two of Alaska's biggest industries are tourism and trade             
 with foreign countries like Russia and Japan.  For the Alaska                 
 Visitor Statistics Program, tourist spent over $685.4 million in              
 goods and services, of this approximately $400 million are from               
 foreign visitors.  It makes no sense to pass this law declaring               
 foreign languages unwelcome in Alaska.  In fact, this proposed law            
 would amount to the state of Alaska sanctioning bigotry.                      
                                                                               
 The National Education Association (NEA) has stated, `An English              
 only law would make it more difficult for schools to prepare                  
 students for America's jobs of the future.'  Remember, during this            
 information era, technology and economic opportunity does not stop            
 within U.S. borders.  We must prepare our children for tomorrow, a            
 world of diversity.                                                           
                                                                               
 Per 1990 census, English is spoken by 97 percent of the American              
 people and is universally recognized as `America's Language', yet,            
 at no time in American history has the U.S. had an official                   
 national language.  Research shows that todays immigrants are                 
 learning English faster than previous generations.  According to              
 Juneau Adult Basic Education monthly statistics, they have                    
 approximately 30 students taking English as a second language on a            
 monthly basis.  Also, more than 99.9 percent of federal documents             
 are in English according to General Accounting Office (GOA).                  
                                                                               
 You need to take in consideration that such a law leaves the state            
 open for extensive, expensive, divisive and frivolous litigation.             
 There have been several court cases from other states, who have               
 passed an English only laws, and all of those states have been                
 expensive not only for the states but for some of the businesses.             
 And all of those cases have been found unconstitutional.  We are a            
 country composed of many cultures and languages.  Language                    
 diversity is to be celebrated not castigated.                                 
                                                                               
 Does this proposed bill make me angry?  A strong resounding `yes.'            
 It makes me angry and thousands of citizens.  This bill not only              
 implies racism but denial of our fifth and fourteenth Amendment               
 freedoms and does not ensure procedural and substantive due                   
 process.  The U.S. is a country that prides itself in our freedom             
 and this bill would trample on one of our basic rights and that is            
 speech, no matter in what language we choose to express that                  
 freedom.  English is not an endangered language.  We, the people,             
 understand and accept the economic importance of knowing English              
 and do not need a law to force us to learn it.  Further, this bill            
 would not unite us, it would only serve to divide us and has the              
 potential of bringing about a great deal of prejudice and you,                
 members of this committee, have it in your power to defeat this               
 racist bill right here.  And as the National Association for                  
 Bilingual Education states, `American ideals of freedom, democracy            
 and tolerance, not language, have been and will continue to be the            
 bonds that hold America together.'                                            
                                                                               
 I would like to conclude with a quote from Mexico's first Native              
 American President, Benito Juarez, who said, `El respeto al derecho           
 ajeno es la paz.'  Respect for others rights is peace."                       
                                                                               
 Number 2158                                                                   
                                                                               
 REPRESENTATIVE ROKEBERG confirmed that Ms. Mireles was on the U.S.            
 Commission for Civil Rights, state advisory committee.  He asked,             
 if he voted for HB 512, whether she would consider him a racist.              
                                                                               
 Number 2166                                                                   
                                                                               
 MS. MIRELES said she hoped he was not a racist, but said that it              
 has been proven by the other bills, passed in other states                    
 regarding English as the official language, that it is, in fact,              
 racist legislation.                                                           
                                                                               
 Number 2158                                                                   
                                                                               
 REPRESENTATIVE ROKEBERG said he took exception to the testimony by            
 Ms. Mireles.                                                                  
                                                                               
 REPRESENTATIVE ROBINSON asked Co-Chair Bunde to read a letter from            
 Nora Marks Dauenhauer, principal researcher, Language and Cultural            
 Studies, Sealaska Heritage Foundation, into the record.                       
                                                                               
 CO-CHAIR BUNDE read from the letter, "I oppose HB 512, an act to              
 make English the official language of Alaska.                                 
                                                                               
 The law is unnecessary and redundant.  English is already the                 
 common language of communication of Alaska.                                   
                                                                               
 This bill seems to have its origins in the insecurity and prejudice           
 of some segments of the white community.  It seems to come from               
 fears that are absolutely unfounded .  Mexican novelist, Carlos               
 Fuentes, suggested to journalist Bill Moyer in an interview that,             
 `When you get a proposition in California to vote the English                 
 language as the official language of the state of California, it              
 only means one thing that English is no longer the official                   
 language of the state of California.'                                         
                                                                               
 This is not the case in Alaska.  There is no threat to English or             
 any other language.  In fact, most Alaska Native languages are in             
 danger of extinction.                                                         
                                                                               
 Native languages have suffered discrimination and persecution under           
 the `English-only' policies of the past, and many schools still,              
 are still reluctant to include Alaska Native language and cultural            
 instruction in the curriculum.                                                
                                                                               
 This bill is certainly an affront to the dignity and status of                
 Alaska Native languages.  The bill also looks like a new threat to            
 the survival of Alaska Native languages.                                      
                                                                               
 The bill serves no practical purpose.  It is symbolic and divisive.           
 I fear that it may generate or support anti-Native language emotion           
 and activity in the future, and that it may become the legal basis            
 or precedents for laws or policies against Alaska Native languages            
 in the future.                                                                
                                                                               
 We need the support of the Alaska State Legislature to protect the            
 rights and ethnic heritage of all citizens, and not pass                      
 discriminatory..."                                                            
                                                                               
 TAPE 96-30, SIDE A                                                            
 Number 0000                                                                   
                                                                               
 CO-CHAIR BUNDE continued reading from the letter, "...legislation             
 directed against Alaska Native people and their heritage."                    
                                                                               
 REPRESENTATIVE ROBINSON made a motion to adopt Amendment 1 to HB
 512.  She said Amendment 1 inserts, "and the languages of Natives             
 peoples indigenous to the state."  She developed Amendment 1 based            
 on a Hawaiian model where English and Hawaiian are official                   
 languages of the state.  She said she was going to name each Native           
 language, but was advised by the drafters that adding the language            
 of Native people was the correct use of language for the amendment.           
 She wanted to clarify that the languages include; Aleutian, Eskimo,           
 Tsimshiann, Tlingit, Haida, Yupik and Anthabaskan languages.  The             
 rest of Amendment 1 brings unity within the language of HB 512.               
                                                                               
 CO-CHAIR BUNDE asked if the title of HB 512 would read, "Establish            
 English and the languages of Native people indigenous to this state           
 as the official language and relating to the use of English then in           
 public records and at public meetings."  He clarified that the                
 official languages are English and Native languages, but English              
 would remain as the official written language.                                
                                                                               
 Number 0167                                                                   
                                                                               
 REPRESENTATIVE BRICE said the second part of the proposed Amendment           
 1, page one, line two, "English" is deleted, and "the common                  
 languages" is inserted.                                                       
                                                                               
 CO-CHAIR BUNDE asked if this is a challenge where we have languages           
 that are oral and not written.  He then asked if Yupik were a                 
 written language.                                                             
                                                                               
 Number 0198                                                                   
                                                                               
 REPRESENTATIVE ROBINSON confirmed that Yupik is a written language.           
 She said Amendment 1 brings in the Native languages and allows them           
 to be used.                                                                   
                                                                               
 Number 0211                                                                   
                                                                               
 CO-CHAIR TOOHEY referred back to Ms. Mireles testimony and said the           
 reason for HB 512 is to say that the official paperwork of the                
 state of Alaska will be in English.  The bill does not say that               
 Spanish, Gaelic or Yupik cannot be taught.  She referred to the               
 proposed Amendment 1 and said this language would cause meetings to           
 be recorded in English and Yupik.                                             
                                                                               
 Number 0289                                                                   
                                                                               
 REPRESENTATIVE ROBINSON said Amendment 1 only states that English             
 and Native languages are the official languages.                              
                                                                               
 Number 0289                                                                   
                                                                               
 CO-CHAIR BUNDE clarified that the proposed Amendment 1 does not               
 address Spanish, German or the dialects of Filipino.                          
                                                                               
 Number 0317                                                                   
                                                                               
 REPRESENTATIVE ROBINSON referred to another bill, regarding the               
 pioneers of Alaska and said that this bill was modified to                    
 recognize Natives and pioneers, as the bill drafters recognized               
 that Native people were here before white settlers.  She said                 
 Amendment 1 recognizes that Native languages were the existing                
 languages.  She said the pioneers of Alaska did have the foresight            
 of the Hawaiians to put the acknowledgement of Natives into the               
 constitution.                                                                 
                                                                               
 Number 0358                                                                   
                                                                               
 REPRESENTATIVE ROBINSON referred to a resolution from AFN which               
 states that they are against HB 512 and added that Amendment 1                
 might disperse some of their concerns.                                        
                                                                               
 Number 0384                                                                   
                                                                               
 REPRESENTATIVE GARY DAVIS asked for clarification about the use of            
 other languages in documents and written materials.                           
                                                                               
 Number 0407                                                                   
                                                                               
 REPRESENTATIVE ROBINSON said the written materials could be in                
 either of the languages, that they did not have to be in all of the           
 languages.                                                                    
                                                                               
 Number 0422                                                                   
                                                                               
 CO-CHAIR TOOHEY commented that the proposed Amendment 1 would leave           
 out languages such as Spanish.                                                
                                                                               
 REPRESENTATIVE ROBINSON stated that she did not support HB 512,               
 just that she was proposing this change to the bill.                          
 Number 0439                                                                   
                                                                               
 MR. POPPE said that as a result of the proposed Amendment 1, it               
 would end up requiring, potentially, all documents in Alaska to be            
 interpreted and published in 28 languages.  He said, because of               
 this fact, he believed the sponsor would be opposed to the proposed           
 Amendment 1.  He said HB 512 does try to take into consideration              
 that Native languages did exist in Alaska first and the bill                  
 attempts to incorporate, in the language, accommodations to current           
 practices among Native people.                                                
                                                                               
 Number 0557                                                                   
                                                                               
 MR. POPPE said, in regards to the opposition of HB 512 by AFN in              
 their October 1995 resolution, the AFN is currently reconsidering             
 this whole issue due information they have received regarding this            
 bill.  He referred to the two national organizations that are                 
 supporting language activity of this type, U.S. English and English           
 First.  He said U.S. English takes a moderate approach and tries to           
 preserve all bilingual activity.  English First, as part of their             
 legislation and official approach, is trying to eliminate all                 
 bilingual programs at the national and local level as well as                 
 intruding into the private sector to have English as the only                 
 language.  He said English First is more conservative and extreme             
 in its approach than is the sponsor of HB 512.                                
                                                                               
 A roll call vote was taken on Amendment 1.  Representatives Brice,            
 Robinson voted yea.  Representatives G. Davis, Rokeberg, Toohey and           
 Bunde voted nay.  Amendment 1 failed to be adopted to HB 512 in the           
 House Standing Committee on Health, Education and Social Services.            
                                                                               
 Number 0622                                                                   
                                                                               
 REPRESENTATIVE ROKEBERG made a motion to move CSHB 512, version G,            
 out of the committee.                                                         
                                                                               
 Number 0714                                                                   
                                                                               
 REPRESENTATIVE BRICE objected to the motion.  He said his view of             
 CSHB 512 was tainted, not so much based on the bill's merits,                 
 although the merits are frivolous, but by this organization, U.S.             
 English.  He questioned the ethics of some of their lobbying                  
 efforts and said he resented the misinformation U.S. English                  
 presented to this committee and to him personally.  He said he                
 could not support HB 512 because it is supported by such an                   
 unscrupulous group.                                                           
                                                                               
 Number 0707                                                                   
                                                                               
 CO-CHAIR TOOHEY asked for specific facts.                                     
                                                                               
 Number 0714                                                                   
 REPRESENTATIVE BRICE said U.S. English told him that Hawaii was one           
 of the states that had English as the official language.  He said             
 he was also told, by U.S. English in their presentation to this               
 committee, that you are not required to know English to gain                  
 citizenship.  He said, upon checking with Immigration and                     
 Naturalization Services, he was told that this was not true.                  
                                                                               
 REPRESENTATIVE BRICE said that the representative from U.S. English           
 told him that AFN had not taken a stand, and then he found the                
 resolution against HB 512 in the committee packet.  He said if the            
 committee is to make decisions on information provided by this                
 organization, he said the committee needed to make sure that they             
 were receiving the proper information.                                        
                                                                               
 Number 0808                                                                   
                                                                               
 REPRESENTATIVE ROKEBERG said he would be willing to support an                
 amendment, similar to Amendment 1, if it clarified the uses and               
 applications of the languages to a greater degree.                            
                                                                               
 Number 0862                                                                   
                                                                               
 REPRESENTATIVE ROBINSON said no one has convinced her that there is           
 any problem in the state of Alaska that requires this piece of                
 legislation.  She said HB 512 has been divisive and has caused the            
 Native constituents in her district to feel that their Native                 
 languages are rejected.  She said AFN might change their position,            
 but added that the only resolution currently is that AFN opposes HB
 512.  She wanted to recognize that all of us are racist, and to               
 recognize that fact, allows for healing.  She said the people who             
 try not to be a racist, find themselves being racist.  She said it            
 is a constant education process that we have to work on and                   
 understand when and where we cross that barrier.                              
                                                                               
 Number 0940                                                                   
                                                                               
 CO-CHAIR BUNDE suggested that the word, "ethnocentric" be used,               
 rather than the word, "racist."  He said we are, to varying                   
 degrees, ethnocentric.  He said, as someone who studied                       
 psycholinguistics, the common language is the one thing that has              
 kept this nation from fragmenting.  He said we need a common                  
 language, but questioned what was "broken" in Alaska.  He said he             
 would have less hesitation to support HB 512 if there had not been            
 the history of suppressing other languages in the education system.           
 He said we are more enlightened now, and reiterated that we need a            
 common language.                                                              
                                                                               
 A roll call vote was taken on CSHB 512, version G.  Representatives           
 G. Davis, Rokeberg and Toohey voted yea.  Representatives Brice,              
 Robinson and Bunde voted nay.  CSHB 512 failed to be moved from the           
 House Standing Committee on Health, Education and Social Services.            
 HB 529 - APPROVE CENTRALIZED PUBLIC HEALTH LAB                              
                                                                               
 Number 1041                                                                   
                                                                               
 CO-CHAIR BUNDE announced that the next item on the agenda was HB
 529, an act giving notice of and approving the entry into, and the            
 issuance of certificates of participation in, a lease-purchase                
 agreement for a centralized public health laboratory.                         
                                                                               
 KAREN PERDUE, Commissioner, Office of the Commissioner, Department            
 of Health and Social Services, supported HB 529 because it resolves           
 the serious problem regarding the public health laboratory system.            
 She said public health laboratories are an essential component of             
 any state system which promotes public health.  She said every                
 state in the nation promotes public health and has a public health            
 laboratory system.                                                            
                                                                               
 Number 1216                                                                   
                                                                               
 COMMISSIONER PERDUE said a strong public health system to                     
 (indiscernible), detect outbreaks of disease and controls public              
 health threats.  She said the state currently has three public                
 laboratories that were established as regional laboratories prior             
 to statehood.  She said they were developed when transportation               
 linkages and technology was less sophisticated.  She said these               
 three laboratories specialize in services and they are no longer              
 regional laboratories.  She said samples travel from all over the             
 state to a certain laboratory, based on the function of that                  
 laboratory.                                                                   
                                                                               
 COMMISSIONER PERDUE said as air travel and global connections occur           
 with more frequency today, protecting the public health becomes               
 more difficult.  She said Alaska is often the place where people              
 are traveling in and out.  She said a strong public health system             
 must be in place to protect the state from biohazards and other               
 emerging diseases.                                                            
                                                                               
 COMMISSIONER PERDUE said the public health laboratories are in                
 lease facilities.  She said the Anchorage and Juneau facilities               
 have been in their locations for a long time.  She said Anchorage             
 established their lab location in 1962, and the Juneau lab was                
 established in 1971.  She said the Juneau and Anchorage                       
 laboratories do not meet health and safety codes.  She said the               
 laboratories present risks to staff and, potentially, to the                  
 public.  She said the Fairbanks facility is adequate for the near             
 term and functions as a very fine laboratory.                                 
                                                                               
 COMMISSIONER PERDUE said HB 529 would incorporate a state medical             
 examiner which is a strong piece of the state's public health                 
 effort.  She said the state medical examiner is currently housed in           
 a crime lab where space is limited.                                           
                                                                               
 COMMISSIONER PERDUE said there are very few responsibilities she              
 has in the state constitution or in the statutes.   She said that             
 one of her responsibilities is to protect public health and added             
 that was the first responsibility that the territory of Alaska                
 incorporated for their department.  She said the Executive Branch             
 and the Legislature share this responsibility and it is a core                
 function of government.  She said, as the Commissioner of Public              
 Health, she is responsible for making sure that the public health             
 system is strong, that the employees work in safe places and that             
 she does not knowingly ignore risks.  She said as public servants,            
 we cannot ignore conditions created by state government operations            
 that present health and safety risk to the public.                            
                                                                               
 Number 1239                                                                   
                                                                               
 COMMISSIONER PERDUE said it would be irresponsible if the state did           
 not act on this issue.  She stated that this has been an issue of             
 concern for over a decade.  She said she did not want to minimize             
 that it is a difficult regional issue and said that because it has            
 been difficult issue nothing has occurred.  She said 14 separate              
 studies have concluded that the state must act on this issue.  She            
 said a centralized laboratory function will provide the most                  
 economical, permanent solution to the state's critical facility               
 problems.                                                                     
                                                                               
 Number 1266                                                                   
                                                                               
 COMMISSIONER PERDUE said a system is needed that is accessible to             
 health providers statewide, can achieve efficiencies and can enable           
 the state to improve services and reduce operating costs.  She said           
 it is for this reason that she is asking support for HB 529.                  
                                                                               
 Number 1280                                                                   
                                                                               
 COMMISSIONER PERDUE said it was difficult to propose this solution            
 as it adversely affects the economies, the lives, and the jobs of             
 some of the state employees in Juneau and in Fairbanks.  She said,            
 in the year 2000, those employees would be asked to move to                   
 Anchorage under HB 529.  She stated her belief in regional                    
 government and did not think that everything should be housed in              
 Anchorage.  She believed that the imparity of the public health               
 system outweighed those concerns, at this point.  She said there is           
 an unsafe situation in Juneau and in Anchorage and that the state             
 must act.                                                                     
                                                                               
 COMMISSIONER PERDUE said there is another bill in the legislature,            
 which would close the Juneau laboratory precipitously.  She said              
 this bill is unwise, impacts the lives of the employees and                   
 jeopardizes the current situation.  She said the department wants             
 a planned transfer not a precipitous one.                                     
                                                                               
 Number 1343                                                                   
 COMMISSIONER PERDUE said she respects the differences that people             
 have regarding this issue, but said she felt responsible for                  
 addressing this issue.                                                        
                                                                               
 Number 1369                                                                   
                                                                               
 CO-CHAIR BUNDE asked the witnesses to summarize their points as               
 there were time constraints.                                                  
                                                                               
 REPRESENTATIVE ROBINSON expressed that this issue is important to             
 the community of Juneau and Fairbanks and asked that there be an              
 opportunity to bring all the relevant information forward.                    
                                                                               
 GREGORY V. HAYES, DrPH, Chief, Laboratories, Division of Public               
 Health, Department of Health and Social Services, was next to                 
 testify.  He said, as compared to private health laboratory, the              
 state public health laboratory is directed towards the prevention             
 and control of disease in the community.  He said the public health           
 laboratory provides an assessment, develops policy and plays an               
 assurance role.  He said the testing that no longer meets this role           
 is given back to the private sector to perform.  He said he could             
 provide examples of where this is the case.  He said the public               
 labs do not perform routine clinical chemistry testing, but focused           
 on communicable disease testing.                                              
                                                                               
 DR. HAYES said the core functions of a public health laboratory               
 include disease control and prevention programs, maternal, child,             
 family health programs and epidemiological programs.  The lab                 
 supports surveillance activities, outbreak investigations and                 
 monitors for the emergence of new infectious agents or the re-                
 emergence of infectious agents of public health importance.  He               
 said the lab also focuses on the development of methods for testing           
 and then assists with the transfer of the new technology to the               
 private sector.  The lab performs diagnostic product evaluations,             
 collects data, performs high quality testing at a reasonable cost,            
 and provides training, laboratory expertise and reference services            
 to the private laboratory community in the laboratory diagnosis of            
 diseases of public health significance.                                       
                                                                               
 Number 1487                                                                   
                                                                               
 DR. HAYES said he had been with the state of Alaska for two years.            
 He said, under his role of chief, it is his function to use the               
 available resources such as personnel, instrumentation and                    
 finances.  He said he uses these resources in the most effective,             
 productive and cost effective manner possible and does it in a                
 manner which protects the health and safety of staff.  He said it             
 has been extremely difficult to do this under the current                     
 structure.                                                                    
                                                                               
 Number 1500                                                                   
                                                                               
 DR. HAYES said he has a staff of 41 in four different locations               
 which include the chief's office, a lab in Juneau, a lab in                   
 Fairbanks, and a lab in Anchorage which performs 60 percent of the            
 total testing.  He said the labs are specialized.  The Juneau lab             
 performs primarily Mycology and Water Bacteriology while Anchorage            
 lab specializes in Tuberculosis (TB) testing, the Fairbanks lab               
 performs almost exclusively Virology testing.                                 
                                                                               
 DR. HAYES said the staff is dedicated and professional and have to            
 meet very stringent federal regulations.  He said he would not go             
 into detail regarding these regulations, but said it makes staff              
 recruitment difficult.                                                        
                                                                               
 Number 1572                                                                   
                                                                               
 DR. HAYES said the major issue regarding the labs is their urgent             
 need of repair.  He said there are mechanical and structural                  
 inadequacies which makes it difficult to conduct testing.  Two of             
 the labs were constructed as office space and have major problems.            
 He said the Fairbanks lab was constructed as a laboratory in 1967,            
 so it is somewhat dated.  All three of the laboratories have poor             
 facility layouts and space limitations for future growth.                     
                                                                               
 DR. HAYES said the state public health labs are licensed by the               
 federal government under the clinical laboratory improvement                  
 amendments.  He said, during the last survey, the state labs were             
 found to be out of compliance and forced to stop doing TB testing             
 in the Juneau lab.  The samples were then sent out of state, until            
 "band-aid" renovations could be done on the Anchorage facility.  He           
 said the surveyors will be coming back in August and will be                  
 looking at how the state is addressing the long range plan to solve           
 both the health and safety problems of the public health                      
 laboratories.                                                                 
                                                                               
 DR. HAYES said efficient transportation, reliable communications,             
 and advances in laboratory technology now enable the state to                 
 reconsider the need for having three separate laboratories.  He               
 said, currently, in many instances specimens received in one                  
 laboratory must be split, and sent to one or both of the other                
 laboratories which dramatically increases turn-around-time.                   
                                                                               
 Number 1625                                                                   
                                                                               
 DR. HAYES said the new technology, that the department is looking             
 to bring into the laboratory, tests at the molecular level and                
 includes DNA probes and Polymerase Chain Reaction.  He said these             
 are very expensive technologies which have very specific space                
 requirements.  He said the technology can be used if the organism             
 is a bacterium or a virus.  He said it doesn't make sense to                  
 establish this technology in two or three different locations.  He            
 said it also makes little sense today to have three sets of similar           
 equipment: autoclaves, microscopes, specialized ventilation                   
 systems, biological safety cabinets, isolation rooms and triplicate           
 supply orders.                                                                
                                                                               
 DR. HAYES said that the laboratory, with its varied disciplines,              
 must work together as a team and also work as a team with the                 
 state's epidemiologist.  He said this teamwork would be greatly               
 enhanced if all the laboratories were physically located together.            
                                                                               
 DR. HAYES said that when an outbreak occurs of unknown origin, it             
 would be extremely helpful, to have all of the laboratory                     
 professionals with their expertise together.  He cited an example             
 of a food borne outbreak where the cause could be bacterium, viral,           
 or parasitic.  He said, currently, the samples would have to be               
 sent to two or three different labs for analysis which dramatically           
 slows the resolution of the outbreak.                                         
                                                                               
 Number 1679                                                                   
                                                                               
 DR. HAYES said, in conclusion, the state has identified the                   
 problems the laboratories face, the state knows how to solve them,            
 the state has engaged in long-range planning and has developed a              
 comprehensive workable solution.  He said centralization of the               
 state's public health laboratories in a new facility maintains an             
 essential public health service more cheaply, more effectively and            
 more efficiently.  He said this centralization solves health and              
 safety problems and provides for future growth.                               
                                                                               
 Number 1698                                                                   
                                                                               
 REPRESENTATIVE BRICE said the Fairbanks laboratories are old, but             
 said the Center for Disease Control (CDC) recently certified the              
 laboratory for Biohazard 3.                                                   
                                                                               
 Number 1720                                                                   
                                                                               
 DR. HAYES said the facilities are dated and the layout of the                 
 facilities is not optimal.  He said the laboratories are on several           
 different floors with supplies located at a great distance from               
 where they are utilized.  He said the director's office is several            
 halls away from the labs.                                                     
                                                                               
 Number 1744                                                                   
                                                                               
 REPRESENTATIVE BRICE clarified that the layout presented no danger            
 to the people that are working at the Fairbanks location.  He then            
 asked if the level and type of equipment needed was really at the             
 level that Dr. Hayes had listed.  He referred to a report written             
 by the "Strategic Health Plan" and said that apart from a small               
 reduction in clerical staff most of the scientific staff would                
 remain.  He said the staff was going to need all their individual             
 equipment such as microscopes.                                                
                                                                               
 Number 1800                                                                   
                                                                               
 JOHN MIDDAUGH, MD, Chief, Division of Public Health, Department of            
 Health and Social Services, thanked the legislators for their                 
 assistance in helping the state public health laboratory monitor              
 for TB.  He said the laboratory has helped keep TB under control by           
 accepting and analyzing the sputum specimens which has helped the             
 state detect people infected with TB.  He said the reason for the             
 original TB outbreak was that part of public health infrastructure            
 "broke."  He said the department's section of labs are "broke" in             
 terms of facilities and the ability to maintain, over the next                
 decades, the capacity to provide an essential function of state               
 government.  He said there is no question that state public health            
 labs are different than private labs and that the types of                    
 expertise they contain are different.  He said the staff are                  
 qualified professionals, who have done incredible work.  He said              
 the state needs to maintain facilities which enable staff to apply            
 emerging technology of both equipment and collegial interaction in            
 order to maintain an ability to detect and diagnosis epidemics                
 efficiently, accurately and enable the state to know how to                   
 respond.                                                                      
                                                                               
 Number 1879                                                                   
                                                                               
 DR. MIDDAUGH said teams have just come back from St. Lawrence                 
 Island with 600 sputum samples that "we dropped on the lab" in a              
 day in Anchorage doing smears, looking under the microscope as well           
 as to doing a culture from those specimens.  He said the staff has            
 done thousands of those specimens since the department requested              
 the assistance from the legislature last year.  He referred to the            
 epidemic from last summer at Burwash Landing, where hundreds of               
 tourists were getting sick, including the elderly.  He said the               
 public health laboratory had no understanding, initially,  of the             
 cause of the outbreak and the lab had to get many specimens.  He              
 said it, turned out the etiology, was a Norwalk virus which is                
 difficult to detect or control.  He said the superb lab work from             
 the state lab personnel, under trying conditions, was able to                 
 detect the outbreak and were able to control it.  He said this type           
 of outbreak, from contaminated water, is almost impossible to                 
 contain.  He said many options were discussed including shutting              
 down the tour bus operations, between Haines and Fairbanks, in the            
 middle of the tourist season.                                                 
                                                                               
 Number 1912                                                                   
                                                                               
 DR. MIDDAUGH said that during this outbreak there was some new                
 publicity about Hanta virus, which came out of some surveys of                
 voles in the Yukon.  He said this information created some                    
 sensationalistic media coverage which tended to imply that this               
 virus might be a threat to the tourists in Alaska.  He said superb            
 work, done by Don Ritter over many decades, gave the state                    
 information about the long presence of this Hanta strain in mice,             
 but no evidence of infection in humans.                                       
                                                                               
 Number 1931                                                                   
                                                                               
 DR. MIDDAUGH said, in summary, the expertise that the state public            
 health laboratory has must be supported by adequate facilities.  He           
 said, when he came to Alaska, huge problems existed in shipping               
 specimens from point A to point B, especially when specimens went             
 from one region to another.  He said, today, specimen shipment                
 usually comes into the Anchorage area and the ability to rapidly              
 interface multiple biological specimens in a lab is an important              
 component of the response.                                                    
                                                                               
 DR. MIDDAUGH said to get a group of physicians to agree on anything           
 is difficult and mentioned that while a consensus did not exist,              
 the state medical association fully endorsed and supported the                
 department's efforts to develop a central, single laboratory                  
 facility.  He said this decision to build a central facility was              
 not done lightly.  He said his close friends, who he worked with              
 for 20 years in Fairbanks, Juneau and Anchorage, are near and dear            
 to his heart.  He added that, scientifically, it is not sound to              
 maintain, in the long-term, separate facilities.  He urged the                
 committee to help build a public health facility for the future               
 that will maintain the state's ability to protect the public health           
 for several decades to come.                                                  
                                                                               
 Number 1983                                                                   
                                                                               
 CO-CHAIR BUNDE said it was the intent to hold HB 529 over to                  
 another meeting, but wanted to give the committee members the                 
 option to ask the witnesses questions.                                        
                                                                               
 Number 1992                                                                   
                                                                               
 REPRESENTATIVE BRICE referred to the comment about "scientifically            
 sound to keep them separated" and asked if information of how the             
 state has been unscientifically sound since statehood.                        
                                                                               
 Number 2007                                                                   
                                                                               
 DR. HAYES said the new technology that the public lab is using,               
 Polymerase Chain Reaction, does not look at a virus or a parasite,            
 it looks at something on a molecular level.  He said it is this               
 type of testing that the state needs to bring into the public                 
 health laboratory.  He said it does not make sense to set this type           
 of technology up in three separate places as it is expensive.  He             
 said the use of Polymerase Chain Reaction technology will allow the           
 lab to identify something in a matter of hours as opposed to                  
 putting the specimen into a viral culture which would take a week             
 or weeks to identify.  He said the cirologic assay is another                 
 example of how the technology would best utilized in a central                
 facility.                                                                     
 Number 2035                                                                   
                                                                               
 REPRESENTATIVE ROKEBERG received information that the central                 
 facility would be 47,000 square feet.                                         
                                                                               
 Number 2054                                                                   
                                                                               
 REPRESENTATIVE GARY DAVIS clarified that the three labs perform               
 specific, specialized functions.                                              
                                                                               
 Number 2067                                                                   
                                                                               
 DR. HAYES said the labs have specialized themselves over the years.           
 He said in Juneau the primary specialization is Water Bacteriology            
 and Mycology as well as other routine bacteriology.  He said the              
 Anchorage lab does routine bacteriology and specializes in TB                 
 testing.  He said there was a big effort by the federal government,           
 who is funding the state TB program, to centralize the TB program             
 as the state can achieve better statistical analysis of the                   
 specimens.  He said the Fairbanks specialization is virology.                 
                                                                               
 Number 2090                                                                   
                                                                               
 REPRESENTATIVE ROKEBERG cited a personal experience with food                 
 poisoning and cited the excellent work that the state public health           
 laboratory did.                                                               
                                                                               
 Number 2109                                                                   
                                                                               
 REPRESENTATIVE ROBINSON said that the Anchorage and the Juneau                
 laboratories were in need of maintenance work.  She asked if this             
 centralization process were being driven more by finances rather              
 than being the best policy.  She said the state obtained three labs           
 initially and asked for information regarding why three labs were             
 developed.  She asked if the state went to one lab, would the state           
 would eventually revert back to three labs.  She also asked for               
 information regarding the timeliness of getting specimens under one           
 centralized facility.                                                         
                                                                               
 Number 2155                                                                   
                                                                               
 DR. HAYES said, under the territorial days when these labs were set           
 up, transportation was very poor and it made sense to have three              
 labs spread out in a state the size of Alaska.  He said each lab              
 provided the same, whole range of testing.  He said, currently,               
 there are not the same transportation problems.  He said Anchorage            
 is the hub of the transportation system in the state of Alaska.               
                                                                               
 DR. HAYES said he, currently, has problems with virology specimens            
 being sent from Bethel that don't make it there because they are              
 frozen or die before they make it to the Fairbanks lab.  He said              
 putting the lab in Anchorage is the best location to receive those            
 samples in a timely manner and to give the best turn around time.             
 He said, in checking with the airlines regarding communities such             
 as Petersburg, Tok and Kenai, factors have been worked out as part            
 of the long range plan.                                                       
                                                                               
 Number 2197                                                                   
                                                                               
 DR. MIDDAUGH said that when he came to Alaska as a commissioned               
 officer, he was met by Frank Pauls, who founded the Juneau lab, and           
 said that Frank told him that it would be valuable for the state to           
 move toward a single lab in Anchorage.  He said, here we are,                 
 trying to do that again.                                                      
                                                                               
 DR. MIDDAUGH said the state did not build the lab in Fairbanks, it            
 was built by the federal government as part of a huge research                
 operation in the 1950s and 1960s.  He said we are still benefitting           
 from the work done by Dr. Rausch and his colleagues.  He said that            
 facility was built, at the time, with state-of-the-art work and               
 that is why the rabies and virology work is done there.  He said,             
 when he arrived in Alaska, the Fairbanks lab did microbiology and             
 all of the specimens would be flown to Fairbanks and then the plane           
 would come to Anchorage.  He said, 10 to 15 years ago, those planes           
 started to fly to Anchorage and then the specimen would be shipped            
 back up to Fairbanks to be analyzed.                                          
                                                                               
 DR. MIDDAUGH said, one of the problems, is that usually the                   
 etiology of the disease is not known at first so diagnostic                   
 specimens need to be taken and analyzed for both viruses and                  
 bacteria.  He said as technology grew and merged together, there is           
 no justification for one lab doing virology and one lab doing                 
 microbiology and bacteriology.  He said these specializations are             
 coming together because of the technology.                                    
                                                                               
 DR. MIDDAUGH said the department is looking to maintain the best              
 science and the ability for the lab to function within the next               
 several decades.  He said this plan is not necessarily the best               
 message for politics or for his close colleagues, but added that              
 professionally, these staff are in accordance that science dictates           
 a central facility.                                                           
                                                                               
 Number 2297                                                                   
                                                                               
 TOM LANE, Facilities Manager, Division of Public Health, Department           
 of Health and Social Services, said the centralized facility would            
 have a 55 year life.                                                          
                                                                               
 Number 2306                                                                   
                                                                               
 GREG HERREFORD, Manager, Juneau Laboratory, Division of Public                
 Health, Department of Health and Social Services, said he was in              
 favor of a consolidated facility.  He said he has lived in Juneau             
 for ten years and that he likes living here, but that for the good            
 of the state and the good of the people in the state of Alaska,               
 there needs to be a high quality, high resource laboratory.  He               
 said the current situation, with the three laboratories, is                   
 untenable.  He said he supports the building of a combined                    
 facility.                                                                     
                                                                               
 MR. HERREFORD said, because of the financial situation, the state             
 cannot support three state-of-the-art laboratories and that the               
 state of Alaska deserves a state-of-the-art laboratory.                       
                                                                               
 Number 2346                                                                   
                                                                               
 CO-CHAIR TOOHEY said everyone will need to know what will be done             
 to the personnel in the laboratories.                                         
                                                                               
 Number 2355                                                                   
                                                                               
 REPRESENTATIVE ROBINSON said there has been some discussions in the           
 budgetary process to eliminate the Juneau lab immediately, she                
 asked what would happen if this were to occur.                                
                                                                               
 MR. HERREFORD said, if the Juneau lab were to move immediately, the           
 biggest problem would be that the Anchorage facility is very                  
 stressed now with the specimen load and the space constraints.                
                                                                               
 TAPE 30, SIDE B                                                               
 Number 0000                                                                   
                                                                               
 MR. HERREFORD said, "...add additional testing and testing areas              
 that move, say from Juneau to Anchorage, I've honestly don't know             
 where they would find the place to put some of the testing that we            
 have to do."  He mentioned that the Mycology testing required a               
 biological safety cabinet and its own enclosed room.  He said                 
 anything like outbreak protection is not needed but, he said to do            
 this type of testing, you want to minimize the amount of foot                 
 traffic.  He said an immediate move would have a negative impact.             
                                                                               
 Number 0062                                                                   
                                                                               
 DR. HAYES said he was working on this issue right now.                        
                                                                               
 CO-CHAIR BUNDE said the committee would take that answer as a "no."           
                                                                               
 Number 0066                                                                   
                                                                               
 REPRESENTATIVE ROBINSON asked what Southeast will lose as a result            
 of losing the Juneau laboratory if a consolidated facility is built           
 or the Juneau laboratory is closed.                                           
                                                                               
 Number 0075                                                                   
                                                                               
 MR. HERREFORD said that if a consolidated, state-of-the-art                   
 facility is built and if various clinics are told what services are           
 going to be offering then he did not think that Southeast will lose           
 much.  He said the turn around time will be increased, but there              
 are ways to mitigate that impact such as instituting a Goldstreak             
 or a courier pick-up.  He said, if there is a precipitous closure             
 of the Southeast lab, this area will lose quite a bit.  He said the           
 turn around time will be much longer than the doctors and clinics             
 in this area will find acceptable and they might stop utilizing the           
 state laboratory.  He said this will result in a loss of baseline             
 data which is needed to detect outbreaks before they infect                   
 hundreds of people.                                                           
                                                                               
 Number 0118                                                                   
                                                                               
 NOLAN WATSON, said he has been involved with the public health                
 laboratories in the state of Alaska since 1993.  He said he                   
 conducted one of the studies referred to by Commissioner Perdue.              
 He said this study was an assessment of the public laboratory                 
 facility.  He said he was a consultant to the Anchorage lab and was           
 responsible for "band-aiding" the facility, especially the TB lab.            
 He said the laboratories in the state of Alaska are among the worst           
 that he has been.  He referred to his experience in the states of             
 Washington, Arizona, Hawaii and California.  He said he wrote a               
 book which will be distributed by the CDC on the design of public             
 health laboratory facilities.  He said for the safety of the                  
 personnel and for the specimens that come through, assessment is a            
 big issue.                                                                    
                                                                               
 Number 0208                                                                   
                                                                               
 MR. WATSON said the protocols and the high quality of the technical           
 people, minimize the risks in the Anchorage laboratory and in all             
 the laboratories.  He said trying to do high quality biological               
 safety Level 3 facility in a wooden office building is very                   
 difficult.  He said he could only commend the people who work in              
 the facility.  He concluded by saying that he supported HB 529.               
                                                                               
 Number 0208                                                                   
                                                                               
 CO-CHAIR BUNDE said HB 529 would be held over for testimony on                
 Thursday, March 21, 1996.                                                     
                                                                               
 Number 0214                                                                   
                                                                               
 REPRESENTATIVE BRICE asked if Mr. Watson was involved with the                
 financial side of the studies or whether he was involved with the             
 design side.                                                                  
                                                                               
 Number 0232                                                                   
                                                                               
 MR. WATSON said his background was in facilities and before joining           
 the architectural practice his background was as a laboratory                 
 scientist.  He said he is involved in the scientific aspects, not             
 the financial side.                                                           
 HB 540 - HEALTH CARE DATA; BIRTH REGISTRATIONS                              
                                                                               
 CO-CHAIR BUNDE announced that the next item on the agenda was HB
 540, an act relating to health care data and registration of                  
 births.                                                                       
                                                                               
 Number 0265                                                                   
                                                                               
 JOHN MIDDAUGH, MD, Chief, Division of Public Health, Department of            
 Health and Social Services, said HB 540 is a housekeeping bill but            
 also has important significance.  He said, after 20 years of                  
 effort, his department was successful in obtaining a federal grant,           
 as a result of legislation passed by Congress, to establish a new             
 statewide cancer registry.  He said his department has successfully           
 moved towards implementation of the registry and promulgated                  
 regulations in order to do so.                                                
                                                                               
 Representative Vezey joined the committee meeting at 4:45 p.m.                
                                                                               
 MR. MIDDAUGH said the federal legislation requires certain                    
 components which could not be incorporated into state regulations.            
 He said, in order to maintain eligibility under this program, which           
 includes federal funding of $420,000 per year for a five year                 
 project period, the state needs to include three provisions:                  
 protection from civil liability for providers who report under                
 state law; provisions that assure access to the medical records               
 which would establish characteristics of the diseases that are                
 required to be reported; and provisions to provide for appropriate            
 protection of data and access to data for research.  He said these            
 provisions have been endorsed by the Alaska State Medical                     
 Association, who support this effort.                                         
                                                                               
 MR. MIDDAUGH said there is another component to HB 540 which                  
 relates to birth records and said Mr. Zangri will discuss this                
 section.                                                                      
                                                                               
 Number 0322                                                                   
                                                                               
 AL ZANGRI, Chief, Vital Statistics, Division of Public Health,                
 Department of Health and Social Services, was next to testify.  He            
 said HB 540 is a housekeeping bill for his department.  He said the           
 primary objective of HB 540 is to bring the Alaska statute into               
 line regarding the way the state of Alaska registers births that              
 occur in foreign air space or international waters and land in                
 Alaska.  He said these changes are made as a result of strong                 
 suggestions from the National Center for Health Statistics.  He               
 said the primary objective of HB 540 is to fully implement the                
 state's electronic birth system.  He said this system would allow             
 the state to register births from hospitals by electronic means               
 rather than the records being shipped to the department, via floppy           
 disks.  He said the state needs the ability to eliminate the                  
 individual signature on every birth certificate and allow an                  
 electronic registration method so that these births can be recorded           
 over modems.  He concluded that HB 540 will allow the state to do             
 this.                                                                         
                                                                               
 GARREY PESKA, Lobbyist, Alaska State Hospital and Nursing Home                
 Association, said he supported HB 540.                                        
                                                                               
 Number 0407                                                                   
                                                                               
 REPRESENTATIVE ROBINSON made a motion to move HB 540 with                     
 individual recommendations and zero fiscal note.  A roll call vote            
 was taken on HB 540.  Representatives Vezey, G. Davis, Rokeberg,              
 Robinson, Toohey and Bunde voted yea.  Representative Brice voted             
 nay.  HB 540 was moved from the House Standing Committee on Health,           
 Education and Social Services.                                                
 HB 512 - ENGLISH AS THE COMMON LANGUAGE                                     
                                                                               
 Number 0435                                                                   
                                                                               
 REPRESENTATIVE ROKEBERG made a motion to rescind the committee's              
 action on "HB 512."                                                           
                                                                               
 Number 0450                                                                   
                                                                               
 A roll call vote was taken on whether to rescind the action of the            
 committee on "HB 512."  Representatives G. Davis, Rokeberg, Vezey,            
 Toohey and Bunde voted yea.  Representatives Brice and Robinson               
 voted nay.  The committee action on HB 512 was rescinded by the               
 House Standing Committee on Health, Education and Social Services.            
                                                                               
 Number 0500                                                                   
                                                                               
 REPRESENTATIVE ROKEBERG made a motion to move "HB 512 with attached           
 fiscal notes and individual recommendations."                                 
                                                                               
 A roll call vote was taken on "HB 512."  Representatives Rokeberg,            
 G. Davis, Vezey and Toohey voted yea.  Representatives Brice,                 
 Robinson and Bunde voted nay.  "HB 512" was moved from the House              
 Standing Committee on Health, Education and Social Services.                  
 HR 12 - UNIV. COLLECTIVE BARGAINING CONTRACT                                
                                                                               
 Number 0510                                                                   
                                                                               
 CO-CHAIR BUNDE announced that HR 12, supporting the collective                
 bargaining agreement between the University of Alaska and the                 
 Alaska Community Colleges' Federation of Teachers, was next on the            
 agenda.                                                                       
                                                                               
 REPRESENTATIVE BILL WILLIAMS, sponsor of HR 12, read from a sponsor           
 statement, " I introduced HR 12 on behalf of the Alaska Community             
 College Federation of Teachers (ACCFT).  It is my understanding               
 that on May 8, 1992, the University of Alaska Board of Regents                
 approved a collective bargaining agreement between the University             
 of Alaska and the ACCFT.  In June of 1993, through a change in                
 university policy, the collective bargaining agreement was                    
 compromised.  An April 1995 arbitration decision ruled the original           
 collective bargaining agreement should be fulfilled.  I am asking             
 that the legislature support the ruling of the arbitrator."                   
                                                                               
 Number 0520                                                                   
                                                                               
 RALPH McGRATH, Alaska Community Colleges' Federation of Teachers,             
 said ACCFT represents the full-time staff who teach in vocational,            
 technical, adult basic education, continuing education, the                   
 extended sites of the University of Alaska and are the faculty who            
 are responsible for the 100 and 200 introductory courses.  He said            
 ACCFT has been a faculty organization for over 20 years                       
 representing the interests of the community college component of              
 the University of Alaska.  He said, he believed, that many of the             
 committee members had received support letters from faculty around            
 the state expressing hope and interest that the legislature would             
 support HR 12.                                                                
                                                                               
 Number 0622                                                                   
                                                                               
 MR. McGRATH said the issue involved, is different from many of the            
 other collective bargaining agreements, because it is an existing             
 contract.  He said this contract was negotiated and approved by the           
 Board of Regents in 1992.  He said the regent's policy, adopted as            
 part of the contract, was to compensate faculty for work performed.           
 He said in 1994, the Board of Regents suspended that policy.  He              
 said ACCFT took the matter to arbitration and received the                    
 arbitrator's award last April which upheld the validity of the                
 contract and that the terms agreed upon must be met.                          
                                                                               
 Number 0654                                                                   
                                                                               
 MR. McGRATH said the issue of appropriation to meet this contract             
 came before the legislature.  He said, during the last legislative            
 session, no formal action was taken by the legislature to reject              
 the contracts.  He said ACCFT is familiar with the legal counsel              
 for the legislature, and knows the significance when no action is             
 taken on an issue.  He said this is a problem that was created by             
 the University of Alaska and that they should have met the terms of           
 the contract.  He said the Board of Regents determined the policy,            
 knew the terms of the policy, knew that the contract terms deemed             
 arbitration boards as final and binding.  He said that when the               
 arbitration board says the university shall pay that is what it               
 means.                                                                        
                                                                               
 Number 0659                                                                   
                                                                               
 MR. McGRATH said, because the university still refuses to pay,                
 ACCFT is asking the legislature to support the legal opinion of               
 last year and perhaps to provide a signal to the university, that             
 when they fail to meet the terms of contract, they should be                  
 disciplined and they should not blame the legislature for rejecting           
 their contracts.  He said the university should meet the demands of           
 the contract for the 285 people it represents.                                
                                                                               
 Number 0759                                                                   
                                                                               
 BILL JERMAIN, Attorney, ACCFT, said he was the Deputy Commissioner            
 of Labor for the state of Alaska and drafted the first bills on               
 PERA.  He said there are several things that are obvious in PERA.             
 He said the purpose of PERA is to encourage collective bargaining             
 and to clearly have a separation of powers.  He said the Executive            
 Branch negotiates the contracts while the Legislative Branch                  
 appropriates money.  He said from the history of the legislation              
 there must be an affirmative rejection.  If a agreement is                    
 negotiated and the legislature appropriates general funds for a               
 purpose, those funds go to that purpose.  He said this statement is           
 compatible with the opinion given by Legislative Counsel, Kramer,             
 and one which ACCFT agrees with.  He said if you fail to this, you            
 discourage the collective bargaining process.  He said until you              
 have legislation agreeing to this process, you have a law that                
 states you must meet the terms of your agreement.  He said you                
 would have a situation where you would pay non-representatives out            
 of general appropriation which would create immediate disparity and           
 unfairness.                                                                   
                                                                               
 Number 0869                                                                   
                                                                               
 MR. McGRATH said the problem is complicated by the fact that in               
 collective bargaining agreements, you have a give and take.  He               
 said, in the state of Alaska, there are circumstances where you               
 have established cost savings which could not have been                       
 accomplished any other way except by collective bargaining.  He               
 said the fair labor standards provisions were accomplished through            
 the collective bargaining process, saving the state billions of               
 dollars.  He said the disadvantage is that the state does not fund            
 the financial obligation that was the give and take in that                   
 arrangement.  He said it is the Executive Branch position, that               
 unless you specifically appropriate additional monies for that                
 collective bargaining agreement, the state will not pay their                 
 obligations.  He said if this occurs, then the legislature will               
 always be the "bad guy."                                                      
                                                                               
 Number 0889                                                                   
                                                                               
 MR. McGRATH said the university will negotiate an agreement and               
 then not honor its obligations, looking at the legislature for                
 appropriations.  He said, no matter how much money the legislature            
 gives the university, they are not going to meet their obligation             
 unless the legislature gives them additional money.  He said this             
 practice does not lead to one of fiscal responsibility.                       
                                                                               
 Number 0904                                                                   
                                                                               
 MR. McGRATH said there is litigation dealing with the failure of              
 the university to honor its 1995 obligations.  He said the                    
 university received appropriations from the legislature for 1995,             
 but it has never been given to the community college group.  He               
 said a specific bill was passed stating that the sum of $507,000              
 was appropriated to the University of Alaska for a three year                 
 percent salary adjustment to satisfy those monetary terms of a                
 collective bargaining agreement entered into with ACCFT for the               
 fiscal year ending June 30, 1995.  He said, even though the                   
 legislature expressly appropriated money, the money has not been              
 paid.  He said this legislature has spoken eloquently to fiscal               
 responsibility and added that this situation is not fiscally                  
 responsible by the Executive Branch of government.                            
 ADJOURNMENT                                                                   
                                                                               
 There being no further business to come before the House Standing             
 Committee on Health, Education and Social Services, Co-Chair Bunde            
 adjourned the meeting at 5:02 p.m.                                            
                                                                               
                                                                               

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