02/26/2002 03:01 PM House HES
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ALASKA STATE LEGISLATURE
HOUSE HEALTH, EDUCATION AND SOCIAL SERVICES
STANDING COMMITTEE
February 26, 2002
3:01 p.m.
MEMBERS PRESENT
Representative Fred Dyson, Chair
Representative Peggy Wilson, Vice Chair
Representative John Coghill
Representative Gary Stevens
Representative Vic Kohring
Representative Sharon Cissna
Representative Reggie Joule
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 276
"An Act relating to nursing, nurses, and nurse aides."
- MOVED CSHB 276(L&C) OUT OF COMMITTEE
HOUSE BILL NO. 342
"An Act relating to appropriations for operating expenses for
primary and secondary public education; and providing for an
effective date."
- HEARD AND HELD
DISCUSSION OF POSSIBLE COMMITTEE RESOLUTION ON PHYSICAL
EDUCATION [what became HCR 28]
PREVIOUS ACTION
BILL: HB 276
SHORT TITLE:REGULATION OF NURSING
SPONSOR(S): REPRESENTATIVE(S)WILSON
Jrn-Date Jrn-Page Action
05/08/01 1722 (H) READ THE FIRST TIME -
REFERRALS
05/08/01 1722 (H) L&C, HES
02/20/02 (H) L&C AT 3:15 PM CAPITOL 17
02/20/02 (H) Moved CSHB 276(L&C) Out of
Committee
MINUTE(L&C)
02/22/02 2359 (H) L&C RPT CS(L&C) NT 5DP 1NR
02/22/02 2359 (H) DP: MEYER, HAYES, CRAWFORD,
HALCRO,
02/22/02 2359 (H) MURKOWSKI; NR: ROKEBERG
02/22/02 2359 (H) FN1: ZERO(CED)
02/26/02 (H) HES AT 3:00 PM CAPITOL 106
BILL: HB 342
SHORT TITLE:EDUCATION FUNDING
SPONSOR(S): REPRESENTATIVE(S)STEVENS
Jrn-Date Jrn-Page Action
01/18/02 2007 (H) READ THE FIRST TIME -
REFERRALS
01/18/02 2007 (H) EDU, HES, FIN
02/13/02 (H) EDU AT 8:00 AM CAPITOL 120
02/13/02 (H) Moved Out of Committee
02/13/02 (H) MINUTE(EDU)
02/13/02 2229 (H) EDU RPT 7DP
02/13/02 2229 (H) DP: GREEN, STEVENS, JOULE,
PORTER,
02/13/02 2229 (H) WILSON, GUESS, BUNDE
02/13/02 2230 (H) FN1: ZERO(EED)
02/13/02 2230 (H) REFERRED TO HES
02/26/02 (H) HES AT 3:00 PM CAPITOL 106
WITNESS REGISTER
LYNN HARTZ, Family Nurse Practitioner
Board of Nursing
3104 Brookside Drive
Anchorage, Alaska 99517
POSITION STATEMENT: Testified in support of HB 276.
MARY WEYMILLER, Licensed Practical Nurse
Board of Nursing
666 Eleventh Avenue, Number 302
Fairbanks, Alaska 99701
POSITION STATEMENT: Urged passage of HB 276.
DOROTHY FULTON, Executive Administrator
Board of Nursing
3601 C Street, Number 722
Anchorage, Alaska 99503
POSITION STATEMENT: Thanked Representative Wilson for
introducing HB 276.
NANCY SANDERS, Registered Nurse
Board of Nursing
4830 Kalenka Court
Anchorage, Alaska 99502
POSITION STATEMENT: Concurred with Ms. Hartz's testimony in
support of HB 276.
CARL ROSE, Executive Director
Association of Alaska School Boards (AASB)
316 West Eleventh Street
Juneau, Alaska 99801
POSITION STATEMENT: Testified in opposition to HB 342.
EDDY JEANS, Manager
School Finance and Facilities Section
Education Support Services
Department of Education & Early Development (EED)
801 West Tenth Street, Suite 200
Juneau, Alaska 99801-1894
POSITION STATEMENT: Clarified provisions of HB 342 and answered
questions about the bill.
ACTION NARRATIVE
TAPE 02-17, SIDE A
Number 0001
CHAIR FRED DYSON called the House Health, Education and Social
Services Standing Committee meeting to order at 3:01 p.m.
Representatives Dyson, Wilson, Coghill, and Kohring were present
at the call to order. Representatives Stevens, Cissna, and
Joule arrived as the meeting was in progress.
HB 276-REGULATION OF NURSING
CHAIR DYSON announced that the first order of business would be
HOUSE BILL NO. 276, "An Act relating to nursing, nurses, and
nurse aides." [Before the committee was CSHB 276(L&C).]
Number 0129
REPRESENTATIVE WILSON testified as the sponsor of HB 276. She
paraphrased the following portion of her sponsor statement:
House Bill 267 is essentially a clean-up bill which
brings nursing statutes up to date with current
nursing practice in three areas: (1) gives licensed
nurses the authority to delegate nursing duties to
other personnel and gives the Board of Nursing
authority to promulgate regulations outlining safe
delegation practices to ensure safety of the consumer;
(2) the bill increases the length of time available
for a temporary nursing license from four to six
months to allow for the extra time it may take to get
back results of criminal justice background checks
required in new regulation; (3) changes the working
placement regarding licensure by endorsement that
brings the wording in the statute into compliance with
what is already being done in the division.
REPRESENTATIVE COGHILL asked if the new language in Section 1
actually reflects what is already happening.
REPRESENTATIVE WILSON replied yes.
Number 0337
LYNN HARTZ, Family Nurse Practitioner, Board of Nursing,
testified via teleconference in support of HB 276. Ms. Hartz
said that [the board] considers the delegation piece the most
important provision of the bill. The [need for this statutory
authority] came about when the board was drafting regulations in
regard to delegation. At that time, the board was told that
nurses didn't have the statutory authority to delegate to
unlicensed assistive personnel (UAPs). Therefore, the board
couldn't promulgate regulations regarding delegation. The board
had always assumed that it had this delegation authority and had
even published a position statement regarding safe delegation in
1993.
MS. HARTZ pointed out that a nurse asking a nurse aide to run a
urine test on a patient would be an example of this delegation.
Since the nurse aide has no license to practice, the nurse aide
has no legal scope of practice. Without HB 276, UAPs would have
no legal basis to continue to perform nursing tasks. This
legislation would eliminate a gray area of practice for nurses
who are already delegating to UAPs on a daily basis. Therefore,
she expressed hope that the committee would pass HB 267.
Number 0565
MARY WEYMILLER, Licensed Practical Nurse, Board of Nursing,
testified via teleconference. Ms. Weymiller thanked
Representative Wilson for introducing HB 267 and urged the
committee to pass it.
Number 0604
DOROTHY FULTON, Executive Administrator, Board of Nursing,
testified via teleconference. She thanked Representative Wilson
for introducing HB 267.
Number 0645
NANCY SANDERS, Registered Nurse, Board of Nursing, testified via
teleconference in concurrence with Ms. Hartz's testimony.
Number 0683
REPRESENTATIVE KOHRING moved to report CSHB 276(L&C) out of
committee with individual recommendations and the accompanying
zero fiscal note. There being no objection, CSHB 276(L&C) moved
out of the House Health, Education and Social Services Standing
Committee.
HB 342-EDUCATION FUNDING
CHAIR DYSON announced that the next order of business would be
HOUSE BILL NO. 342, "An Act relating to appropriations for
operating expenses for primary and secondary public education;
and providing for an effective date."
Number 0748
REPRESENTATIVE STEVENS testified as the sponsor of HB 342. He
explained that HB 342 would fund education early, in order for
districts to know what kind of funding to expect and thus begin
the planning process. Representative Stevens recalled his
experience as school board president and borough mayor, and the
difficulty of planning without knowing the funding for the
coming year. He emphasized the importance of planning in
education. He mentioned the shrinking teacher workforce; he
pointed out that schools [in other states], which know their
funding before [districts] in Alaska do, have the ability to
make contracts and commitments before Alaskan districts can.
Number 0943
CARL ROSE, Executive Director, Association of Alaska School
Boards (AASB), began by thanking Representative Stevens for
supporting education. In fact, he recalled giving the same
testimony 15 years ago. In the last 15 years a considerable
amount of buying power has been lost. Moreover, the ability to
plan has been disrupted as a result of inadequate [funding] as
well as the increased demands placed on the school system. He
pointed out that this turn from accreditation to standards is
being done with very few additional resources.
MR. ROSE informed the committee that reauthorization of the
Elementary and Secondary Education Act (ESEA) represents an
explosion in the federal role in public schools. He pointed out
that 27 ago years the federal government promised it would
provide 40 percent of the cost of special education. However,
27 years later, only 12-17 percent is being received from the
federal government. Therefore, the cost of special education is
being borne by the state and the local contribution. - a
tremendous funding [drain]. "Though the idea is to leave no
child behind, the first indications to us are going to be that
not only do we ... not understand the implications of ESEA as it
relates to Alaska, but in fact we're going to leave a lot of
people behind," he charged.
Number 1037
MR. ROSE returned to HB 342 and remarked that currently Alaska
has tremendous needs. If funding were received early, then
[districts] could probably plan. The issue will be one of
adequacy. If funding is received early but is inadequate, then
the planning will be to reduce programs and staff; Mr. Rose said
he felt the ramifications would be counterproductive to what is
desired. He predicted that when there is [early] inadequate
funding - even with a promise of the ability to return [to the
legislature] for dollars available at the end of the session -
the shock waves of less money would probably result in paring
down. Therefore, Mr. Rose related his belief that
Representative Stevens' testimony was accurate during the days
when education was adequately funded. The question now is in
regard to urgency versus adequacy.
MR. ROSE said if funding were adequate, by contrast, the
opportunity to plan would be positive. If anything less than
what is necessary were received, however, there would be a very
different impact on planning. For example, last year the
legislature put forward the message that there would be no
increase in funding; however, at the end of the [session] almost
$200 million was made available through capital construction,
maintenance, and operation, as well as the foundation increases
and so forth. He stressed that all of those things wouldn't
have happened if the money had been appropriated by the first of
April.
MR. ROSE informed the committee that AASB had met and discussed
this legislation. He said, "We appreciate the effort, and I
would like to believe that the money upfront being adequate
would really be a plus for us." He said, however, that the
issue of adequacy is of such importance that he believes the
ramifications would be very negative in communities if the money
were received early, but with no chance of additional funding.
He specified that the association does not support this piece of
legislation.
Number 1243
REPRESENTATIVE STEVENS remarked that he didn't want to cause
unnecessary difficulty for school districts. However, he
recalled giving out pink slips during his time as school board
president, when the district didn't know what the funding would
be. Representative Stevens expressed great concern with regard
to the teacher shortage. He related his belief that waiting for
funding to come at the end would place the districts in a
terrible bind, as it has in the past.
Number 1300
MR. ROSE pointed out that the reason this discussion is even
occurring is because of the lack of funding in the past. The
ability to attract and recruit quality teachers has been greatly
hindered for many of the reasons Representative Stevens
mentioned. Furthermore, these teachers can make [more] money
elsewhere and not face the loss in buying power [that exists in
Alaska]. In the past 10-15 years, schools have deferred
maintenance and balanced the budget on the backs of employees in
salaries and benefits. Mr. Rose reiterated that receiving
inadequate funding early would really cause a hardship because
of the layoffs that would result. Mr. Rose expressed hope that
there will be time to plan once there is knowledge with regard
to the amount of money.
MR. ROSE recalled his days as a school board president in
Skagway. He related his belief that this discussion is in
regard to obtaining the money from the borough assembly in
enough time to plan. The foundation money could be counted on,
but the local contribution was in question. Based on the local
contributions, the school board could return to the borough
assembly and request more funds. In these cases, rarely have
pink slips been put out. He noted that nontenured teachers can
be released without that notice. However, the current
[challenge] is actually getting teachers in Alaska's schools.
Mr. Rose said he hoped that by the end of session there would be
a better financial picture, when it would be appropriate to take
whatever measures necessary.
CHAIR DYSON commented on his finding Mr. Rose's remarks to be
incredibly insightful. Chair Dyson asked if Mr. Jeans would say
that money has been added to the K-12 package late in the
session most of the time.
Number 1485
EDDY JEANS, Manager, School Finance and Facilities Section,
Education Support Services, Department of Education & Early
Development (EED), pointed out that when money is added, it is
due to a change in the current law. Mr. Jeans said in his
tenure with EED, the only time the Foundation Formula has been
underfunded statutorily was in 1987, when it was prorated
approximately 10 percent. When there has been increased
funding, it has typically come at the end of session.
MR. JEANS noted that HB 342 would require the legislature to
make an appropriation, although it doesn't specify at what
level. Therefore, the legislature could meet its statutory
obligation by making an appropriation of one dollar. Mr. Jeans
said school districts have become accustomed to, and do plan on,
full funding of the statutory requirement in the foundation
program statute as it stands today. The districts aren't
building budgets on increased revenues through SB 1 or on the
$12 million in LOGs [Learning Opportunity Grants] that are
outside the foundation program. Those adjustments have to be
made after the legislative session is over.
Number 1575
REPRESENTATIVE JOULE asked, if HB 342 passes, whether anything
would prohibit the legislature from increasing the Foundation
Formula at the end of session.
MR. JEANS replied no. This legislation would require the
legislature to make an appropriation, the intent of which would
be to make an appropriation based on the law that is on the
books as of April 1. In further response to Representative
Joule, Mr. Jeans clarified that the underfunding of education
was due to the drop in the oil prices that resulted in an
across-the-board 10 percent cut to all state programs.
Number 1628
REPRESENTATIVE KOHRING said he didn't see a problem with this
legislation if there is an opportunity to fund education an
additional amount if the initial amount is inadequate. With the
appropriation by April 1, the districts can plan accordingly.
Therefore, Representative Kohring said he feels HB 342 is sound
legislation.
REPRESENTATIVE WILSON surmised that the schools are afraid of HB
342 because there are some legislators who would say that
education had been funded and no more was necessary. However,
more and more demands are being made of the schools without
providing extra funding.
REPRESENTATIVE JOULE agreed that all the increases for education
funding have come in the final days of the session.
Furthermore, these increases have been tied to the three-quarter
vote. "Having served on the minority, ... if there's been one
thing that we've leveraged the three-quarter vote for, it has
been education," he said. However, he questioned how long the
three-quarter vote would be available, [especially] in regard to
doing something different with the Constitutional Budget Reserve
(CBR), which could eliminate the three-quarter vote leverage.
REPRESENTATIVE JOULE remarked that he could see how it would be
advantageous to deal with the budget early, especially if the
legislature didn't close itself off to dealing with issues in
the waning hours. However, if legislators felt there was a base
of education funding, then anything else would be "fair game."
Number 1800
REPRESENTATIVE STEVENS said he felt that Representative Joule
had highlighted the issue, which is the use of the CBR and the
question of how long that will last. The indication is that the
CBR will last to 2004. If this legislation is premature, it is
only a year or two premature. Therefore, Representative Stevens
said he felt it was a bit risky for AASB to say it will wait
until the end. "I'm just afraid if you prevail in this that you
may win and lose," he said.
MR. JEANS pointed out that in a previous committee hearing, as
well as this one, he has heard that HB 342 is an early funding
bill for education. However, he stressed that HB 342 does not
fund all the education programs in the department, but merely
provides an early appropriation for the foundation program.
The committee took an at-ease from 3:35 p.m. to 3:39 p.m.
CHAIR DYSON announced that the sponsor of HB 342 had requested
that it be held. [HB 342 was held over.]
DISCUSSION OF POSSIBLE COMMITTEE RESOLUTION ON PHYSICAL
EDUCATION
[Contains discussion of what became HCR 28]
CHAIR DYSON reminded the committee that he had sent members a
House concurrent resolution regarding physical education in
public schools. The question is whether the committee wants to
sponsor such a resolution.
Number 1934
REPRESENTATIVE JOULE related his assumption that requiring
physical education in public schools would require a fiscal
note. He asked if there would be an intent to fund it.
CHAIR DYSON answered that as he reads it, there is nothing about
funding the mandate.
REPRESENTATIVE JOULE acknowledged that this is just a
resolution, but that the issue remains germane. If it ever
reaches the point of [requiring physical education], then the
legislature should enable the schools to do it.
REPRESENTATIVE CISSNA said she is reminded of pictures and
stories of the very active athletic programs in Alaska, which
she surmised couldn't have cost much. "It's the ability to not
spend much, but get kids moving," she explained. Representative
Cissna mentioned the obesity problem in Alaska and her belief
that any way [the legislature] can help children get in shape is
[appropriate]. Therefore, she announced her support of such [a
resolution].
Number 2030
REPRESENTATIVE WILSON remarked that encouraging this through a
resolution is wonderful. However, the reality is that many
schools have had to cut back over the years, and often those
cuts were in the physical education programs.
REPRESENTATIVE JOULE expressed interest in how many school
districts offer physical education. Of those that offer
physical education, he wondered whether it's a requirement for
all students. He inquired as to the cost to implement physical
education. Representative Joule remarked that it's a good thing
to do.
CHAIR DYSON informed the committee that this [resolution] was
brought to him by a group of physicians who are seeing the
physiological/pathological results of inactivity. If the
committee chooses to introduce this, then there will be
discussion. Perhaps [the resolution] would raise awareness and
resources could be found in the future.
CHAIR DYSON asked whether anyone objected to the committee's
sponsoring such legislation. There were no objections, and thus
Chair Dyson announced that the committee would introduce the
resolution. [The resolution was introduced as HCR 28 on March
1, 2002].
ADJOURNMENT
Number 2212
There being no further business before the committee, the House
Health, Education and Social Services Standing Committee meeting
was adjourned at 3:47 p.m.
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