Legislature(1995 - 1996)
05/01/1995 07:10 AM L&C
* first hearing in first committee of referral
= bill was previously heard/scheduled
= 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, TOOHEY 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 GEORGE DOZIER, LEGISLATIVE ASSISTANT TO REPRESENTATIVE PETE KOTT, 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 present. 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 included. 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 accordingly. CHAIRMAN KOTT asked for the sponsor to comment on this. Number 177 REPRESENTATIVE BRIAN PORTER objected for the purpose of discussion. Number 179 TOM WRIGHT, LEGISLATIVE ASSISTANT TO REPRESENTATIVE IVAN IVAN, ALASKA STATE LEGISLATURE, stated this was a subsection assuring the collective bargaining agreement previously executed would not be affected. 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 afterwards. 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 maintained. 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. ADJOURNMENT 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.