Legislature(1995 - 1996)

05/01/1995 07:10 AM L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
           HOUSE LABOR & COMMERCE STANDING COMMITTEE                           
                          May 1, 1995                                          
                           7:10 a.m.                                           
 MEMBERS PRESENT                                                               
 Representative Pete Kott, Chairman                                            
 Representative Norman Rokeberg, Vice Chairman                                 
 Representative Kim Elton                                                      
 Representative Brian Porter                                                   
 Representative Jerry Sanders                                                  
 MEMBERS ABSENT                                                                
 Representative Gene Kubina                                                    
 Representative Beverly Masek                                                  
 OTHER MEMBERS PRESENT                                                         
 Representative Gail Phillips                                                  
 Representative Ivan Ivan                                                      
 COMMITTEE CALENDAR                                                            
 HB 217:  "An Act relating to employment of teachers."                         
          PASSED OUT OF COMMITTEE                                              
 WITNESS REGISTER                                                              
 GEORGE DOZIER, Legislative Assistant                                          
   to Representative Pete Kott                                                 
 Alaska State Legislature                                                      
 State Capitol, Room 432                                                       
 Juneau, AK 99801-1182                                                         
 Telephone:  (907) 465-3777                                                    
 POSITION STATEMENT:  Testified on HB 217                                      
 TOM WRIGHT, Legislative Assistant                                             
   to Representative Ivan Ivan                                                 
 Alaska State Legislature                                                      
 State Capitol, Room 503                                                       
 Juneau, AK 99801-1182                                                         
 Telephone:  (907) 465-4942                                                    
 POSITION STATEMENT:  Testified on HB 217                                      
 PREVIOUS ACTION                                                               
 BILL:  HB 217                                                               
 SHORT TITLE: EMPLOYMENT RIGHTS OF TEACHERS                                    
 SPONSOR(S): REPRESENTATIVE(S) IVAN                                            
 JRN-DATE     JRN-PG                  ACTION                                   
 03/29/94              (H)   HES AT 03:00 PM CAPITOL 106                       
 03/01/95       531    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 03/01/95       531    (H)   HES, JUDICIARY                                    
 03/07/95              (H)   HES AT 03:00 PM CAPITOL 106                       
 03/07/95              (H)   MINUTE(HES)                                       
 03/29/95              (H)   HES AT 03:00 PM CAPITOL 106                       
 04/11/95              (H)   HES AT 02:00 PM CAPITOL 106                       
 04/13/95              (H)   HES AT 02:00 PM CAPITOL 106                       
 04/13/95              (H)   MINUTE(HES)                                       
 04/18/95      1344    (H)   HES RPT  CS(HES) NT 2DP 1NR 1AM                   
 04/18/95      1344    (H)   DP: BUNDE, TOOHEY                                 
 04/18/95      1345    (H)   NR: G.DAVIS                                       
 04/18/95      1345    (H)   AM: ROBINSON                                      
 04/18/95      1345    (H)   FISCAL NOTE (DOE)                                 
 04/19/95              (H)   JUD AT 01:00 PM CAPITOL 120                       
 04/20/95      1408    (H)   L&C REFERRAL ADDED                                
 04/21/95              (H)   JUD AT 01:00 PM CAPITOL 120                       
 04/22/95      1446    (H)   JUD RPT  CS(JUD) NT 5DP 1DNP                      
 04/22/95      1446    (H)   DP: VEZEY, PORTER, GREEN, BUNDE,                  
 04/22/95      1446    (H)   DNP: FINKELSTEIN                                  
 04/22/95      1446    (H)   ZERO FISCAL NOTE (DOE)                            
 04/26/95              (H)   L&C AT 03:00 PM CAPITOL 17                        
 04/27/95              (H)   L&C AT 07:00 PM CAPITOL 17                        
 05/01/95              (H)   L&C AT 07:00 AM CAPITOL 17                        
 ACTION NARRATIVE                                                              
 TAPE 95-53, SIDE A                                                            
 Number 000                                                                    
 The House Labor and Commerce Committee was called to order by                 
 Chairman Pete Kott at 7:10 a.m.  Members present at the call to               
 order were Representative Kott, Elton, Porter and Sanders.  Members           
 absent were Representatives Rokeberg, Masek and Kubina.                       
 HB 217 - EMPLOYMENT RIGHTS OF TEACHERS                                      
 CHAIRMAN PETE KOTT asked his Legislative Assistant, George Dozier,            
 to explain the changes in the new proposed CSHB 217(L&C), Version             
 U, dated 4-29-94.                                                             
 Number 022                                                                    
 ALASKA STATE LEGISLATURE, stated the first change to the work draft           
 CS version R was to delete lines 10 and 11 on page 2, and to adjust           
 the last word and semi colon in line 9.                                       
 Number 039                                                                    
 CHAIRMAN KOTT said that particular line reads, "has been evaluated            
 and recommended for tenure under (c) of this section."  He pointed            
 out that there was not a (c) in that section, so this was a "clean            
 up" provision.                                                                
 Number 043                                                                    
 MR. DOZIER continued that the second revision occurs on page 4,               
 line 7 of Version R, which takes out the reference to arbitration.            
 Number 055                                                                    
 CHAIRMAN KOTT noted that they had mandatory arbitration (indisc.).            
 MR. DOZIER continued this would also appear on the last page of the           
 new Version U.  The next change was to Sections 6 and 7 of the new            
 Version U, in granting suspended or fired teachers the option of              
 taking their case either to the board with judicial review, based             
 upon the record established before the board, or bypassing the                
 board entirely and filing for a de novo hearing in superior court.            
 On page 3, lines 1,2 and 3, language was inserted to the effect               
 that layoff provisions wouldn't apply unless all non-tenured                  
 teachers in the district had been non-retained first.  The final              
 change was to delete the reference of 3 percent and insert the                
 language, "financial emergency verified by the commissioner", which           
 occurs on page 3, line 4 and 5 of Version U.                                  
 Number 121                                                                    
 REPRESENTATIVE KIM ELTON asked if the drafting attorney was                   
 CHAIRMAN KOTT replied no.                                                     
 REPRESENTATIVE ELTON said the question he had for the drafting                
 attorney was why on page 3, paragraph (d), lines 20 through 24 was            
 CHAIRMAN KOTT took a brief at ease.                                           
 REPRESENTATIVE ELTON offered an amendment to strike paragraph (d),            
 page 3, line 20 through 24, and renumber the subsequent paragraphs            
 CHAIRMAN KOTT asked for the sponsor to comment on this.                       
 Number 177                                                                    
 REPRESENTATIVE BRIAN PORTER objected for the purpose of discussion.           
 Number 179                                                                    
 ALASKA STATE LEGISLATURE, stated this was a subsection assuring the           
 collective bargaining agreement previously executed would not be              
 Number 189                                                                    
 REPRESENTATIVE PORTER said that it states that principle so people            
 all over the state would be aware that it exists.                             
 Number 192                                                                    
 MR. WRIGHT added the provisions (indisc.) may not be inconsistent             
 Number 205                                                                    
 CHAIRMAN KOTT stated there was a motion to delete subsection (d),             
 page 3, lines 20 through 24.  He asked if the objection was still             
 Number 197                                                                    
 REPRESENTATIVE PORTER maintained his objection.  He did so for the            
 reason that it tells people engaged in this process that may not              
 otherwise be aware of the bill's ramifications.                               
 CHAIRMAN KOTT asked for a roll call vote.  Representatives Kott,              
 Porter and Sanders voted against Amendment 1.  Representative Elton           
 voted in favor of Amendment 1.  Amendment 1 was not adopted.                  
 Number 211                                                                    
 REPRESENTATIVE PORTER made a motion to adopt the proposed CSHB
 217(L&C), Version U.                                                          
 Number 213                                                                    
 CHAIRMAN KOTT asked if was an objection.  Hearing none, CSHB
 217(L&C) was adopted.                                                         
 CHAIRMAN KOTT noted for the record that Representative Rokeberg had           
 joined the meeting at 7:25 a.m.                                               
 Number 225                                                                    
 REPRESENTATIVE JERRY SANDERS made a motion to move CSHB 217(L&C)              
 from committee with individual recommendations.                               
 Number 228                                                                    
 CHAIRMAN KOTT asked if there was an objection.  Hearing none, CSHB
 217(L&C), Version U, was moved out of the House Labor and Commerce            
 Standing Committee with individual recommendations and accompanying           
 fiscal notes.                                                                 
 There being no further business to come before the House Labor and            
 Commerce Standing Committee, Chairman Kott adjourned the meeting at           
 7:30 a.m.                                                                     

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