Legislature(1999 - 2000)
04/26/1999 01:36 PM Senate CRA
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* first hearing in first committee of referral
+ teleconferenced
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+ teleconferenced
= bill was previously heard/scheduled
SENATE COMMUNITY & REGIONAL AFFAIRS COMMITTEE
April 26, 1999
1:36 p.m.
MEMBERS PRESENT
Senator Tim Kelly, Chair
Senator Jerry Mackie, Vice Chair
Senator Randy Phillips
MEMBERS ABSENT
Senator Jerry Ward
Senator Lyman Hoffman
COMMITTEE CALENDAR
SENATE BILL NO. 156
"An Act relating to municipal incorporation, to reclassification of
cities, to municipal boundary changes, and to dissolution of
municipalities."
-MOVED SB 156 OUT OF COMMITTEE
CS FOR SENATE BILL NO. 125(CRA)
"An Act relating to school crisis response planning."
-MOVED CSSB 125(CRA) OUT OF COMMITTEE
PREVIOUS SENATE COMMITTEE ACTION
SB 156 - No previous Senate action.
SB 125 - See HESS minutes dated 4/19/99.
WITNESS REGISTER
Kevin Waring, Chairperson
Local Boundary Commission
333 W 4th Ave., Ste. 220
Anchorage, AK 99501-2341
POSITION STATEMENT: Testified in support of SB 156
Tim Grussendorf
Legislative Aide to Senator Hoffman
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Testified for the sponsor of SB 125
Bruce Johnson, Director
Division of Teaching and Learning Support
Department of Education
801 W 10th St., Ste. 200
Juneau, AK 99801-1894
POSITION STATEMENT: Testified in support of SB 125
John Angaiak
Lower Yukon Kuskokwim School District
PO Box 1233
Bethel, AK 99559
POSITION STATEMENT: Testified in support of SB 125
ACTION NARRATIVE
TAPE 99-8, SIDE A
Number 001
CHAIRMAN TIM KELLY called the Senate Community & Regional Affairs
Committee meeting to order at 1:36 p.m. Present were Senators
Phillips, Mackie and Kelly. Chairman Kelly announced the first
order of business scheduled before the committee to be SB 156, a
measure sponsored by the Senate Community and Regional Affairs
Committee at the request of the Local Boundary Commission (LBC).
SB 156-MUNICIPAL CLASSIFICATIONS AND BOUNDARIES
KEVIN WARING, Chairman of the Local Boundary Commission, made the
following comments via teleconference. The LBC and Alaska
Municipal League (AML) support SB 156, which amends language put
into statute in 1985. SB 156 does not alter LBC's powers, but does
make two changes. First, SB 156 makes consistent in Title 29,
language pertaining to five types of petitions regarding how the
LBC may amend and accept, or reject, each type of petition. After
researching the legislative history of those sections, Department
of Community and Regional Affairs' (DCRA) staff determined that no
purposeful reason existed for the inconsistent language. Uniform
language throughout Title 29 will reduce confusion for petitioners.
Second, SB 156 will endorse, by statute, the LBC's present practice
of attaching conditions when approving certain types of petitions.
The LBC believes it is authorized to attach conditions; that
viewpoint has been endorsed by the Department of Law. The practice
of attaching conditions is often beneficial to petitioners, and it
is helpful to the LBC in protecting the state's interest.
CHAIRMAN WARING illustrated the need to attach conditions with the
following examples. The LBC has approved seven dissolution
petitions filed by second class cities since 1994. At the time the
dissolution was approved, the cities continued to have assets,
liabilities and financial obligations to other parties. The LBC
conditionally approved the dissolutions subject to proper
disposition of public assets and debt clearance. On occasion, the
LBC identified a sales or bed tax as a revenue source to finance
the operations of a to-be incorporated city. Approval of petitions
for incorporation was conditioned upon local approval of the taxes
to ensure that the petitioner would have adequate revenue sources
to fund its operations.
There being no further testimony, SENATOR MACKIE moved SB 156 from
committee with individual recommendations. There being no
objection, the motion carried.
SB 125-SCHOOL SAFETY PLAN
CHAIRMAN KELLY announced a Senate Community and Regional Affairs
proposed committee substitute to SB 125 had been prepared.
TIM GRUSSENDORF, staff to Senator Hoffman, sponsor of SB 125,
stated SB 125 was introduced at the request of the Lower Yukon
Kuskokwim School District to address its concerns about crisis
response planning. In February of 1997, gunfire exploded in the
hallways of the Bethel Regional High School, ending the lives of
Principal Ron Edwards and student Josh Palacios. The actions that
took place immediately following the tragedy still haunt Bethel
residents with questions about who was in charge and what should
have occurred. The crisis was magnified by the fact that one of
the victims was the principal, who people were accustomed to
looking to for direction. Senator Hoffman worked with the
Department of Education and others to ensure that the bill is user
friendly and inclusive, and does not place a financial burden on
schools, however, it became evident early on that the scope of SB
125 was very broad regarding school safety issues. A committee
substitute was prepared to respond to the concerns expressed by the
Department of Education and other interested parties.
MR. GRUSSENDORF discussed the difference between the original bill
and the proposed committee substitute. Language on page 1, lines
7 through 13, of the committee substitute divides the committee
membership into two components: those who shall serve and those who
may serve. Those who shall serve include the principal, one
certified staff member, one classified staff member, and one
parent. Those who may serve include school board members, advisory
board members, school counselors, law enforcement representatives,
and a student in grade 10 or above attending that school. The next
change occurs on page 2, lines 7 and 8. The word "faculty" was
added because faculty members are also present in the school
building. The third change occurs on page 2, line 9. Subsection
(5) was removed because the contents of that subsection fall under
the requirement of the components of the school specific plan. The
fourth, on page 2, lines 17 through 23, requires that the crisis
response plan be reviewed annually and updated as appropriate.
Specific language requiring the plan to be updated every three
years was removed. The last change, on page 2, line 24, removes a
specific time requirement for annual training. Opinions on the
appropriate level of training for inservice and school crisis
response vary. Some suggest initial staff training can be
completed in two days, with less time being necessary in subsequent
years.
Number 185
SENATOR MACKIE asked what position was taken on SB 125 by the
Department of Education, the Alaska School Board Association, and
school boards and districts throughout the state.
MR. GRUSSENDORF informed committee members no one has opposed the
bill, and some schools have already complied with the requirements
set out in SB 125.
SENATOR MACKIE said he is concerned that enactment of SB 125 will
place an unfunded mandate on school districts.
MR. GRUSSENDORF pointed out the bill has a zero fiscal note. He
stated he believes most schools will develop crisis response teams
whether legislation passes or not.
Number 215
MR. BRUCE JOHNSON, Director of the Division of Teaching and
Learning within the Department of Education (DOE), made the
following statements. DOE supports SB 125 as it believes that all
Alaskan students should be provided with protection that can come
from pro-active planning in each school community, therefore a
requirement that directs all schools to develop a crisis plan in
conjunction with key community leaders is a good idea. DOE worked
with Senator Hoffman's staff and believes the proposed committee
substitute recognizes the diversity that exists in Alaska. It
appropriately provides the latitude to afford each school community
the task of identifying appropriate members to serve on the
planning team consistent with the services available in that
community. DOE also appreciates that the contents sections of the
plan are sufficiently broad to allow community and school
flexibility while ensuring specific safety for students in that
community. Regarding the unfunded mandate concern expressed by
Senator Mackie, MR. JOHNSON said DOE believes the process a
community will go through to develop a plan will be in the best
interest of the children in the State of Alaska.
Number 240
SENATOR PHILLIPS questioned, of the 56 school districts around the
state, how many have a plan in place.
MR. JOHNSON replied 47 school districts are either in the talking
or implementation stages of conflict resolution programs.
SENATOR MACKIE asked Mr. Johnson, as a former school superintendent
in Alaska, whether he believes school districts could create a plan
with relative ease, and what effect such a plan will have on the
number of inservice training days.
MR. JOHNSON said he thinks it will vary from community to
community. In Kodiak, the borough mayor took responsibility to
ensure that a plan was devised and printed for each individual
community on Kodiak Island. At Mount Edgecumbe, where he spent the
past three years, the remnants of a plan are being formalized and
staff are being trained. SB 125 will detract from other training
activities that school districts would like to engage in, however
new staff can be trained during orientation, and retraining can be
done during a staff meeting rather than during an inservice day.
Number 281
SENATOR MACKIE assumed most school districts have a policy on, and
require training for, responses to bomb threats and fire alarms.
He questioned whether SB 125 will deviate from that response
training or whether it can easily be added to an existing plan.
MR. JOHNSON stated he believes crisis response could be another
component added to existing plans that focus on natural disaster
response. He added most school districts already have plans to deal
with threats of explosives in schools but many schools have not
established a plan to address the presence of a gunman in the
school.
Number 303
JOHN ANGAIAK, representing the Alaska Association of School Boards,
and a member of the Lower Yukon Kuskokwim School District, stressed
that the 135,000 students currently attending Alaska schools need
to feel comfortable in their learning environment. He asked
committee members to put SB 125 on the fast track and to pass the
legislation.
There being no further testimony on SB 125, SENATOR MACKIE moved to
adopt the proposed CSSB 125(CRA)in lieu of the original bill.
There being no objection, the motion carried.
SENATOR PHILLIPS moved CSSB 125(CRA) out of committee with
individual recommendations. There being no objection, the motion
carried.
There being no further business to come before the committee,
CHAIRMAN KELLY adjourned the meeting at 1:55 p.m.
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