Legislature(1995 - 1996)
03/22/1995 01:37 PM Senate CRA
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SENATE COMMUNITY & REGIONAL AFFAIRS COMMITTEE
March 22, 1995
1:37 p.m.
MEMBERS PRESENT
Senator John Torgerson, Chairman
Senator Randy Phillips, Vice Chairman
Senator Tim Kelly
Senator Fred Zharoff
Senator Lyman Hoffman
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 96
"An Act relating to municipal activities or services mandated by
state statute."
SENATE BILL NO. 107
"An Act relating to general grant land entitlements for the Denali
Borough."
SENATE BILL NO. 32
"An Act relating to a curriculum for Native language education; and
providing for an effective date."
PREVIOUS SENATE COMMITTEE ACTION
SB 96 - See Community & Regional Affairs minutes dated
3/8/95, 3/17/95.
SB 107 - No previous action to record.
SB 32 - No previous action to record.
WITNESS REGISTER
Josh Fink, Aide to Senator Kelly
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Offered information on CSSB 96(CRA)
Janet Kelly, Assistant Professor of Political Sceince &
Public Administration
Clemson University
Clemson,
South Carolina
POSITION STATEMENT: CSSB 96(CRA) is excellent legislation
Scott Brandt-Erichsen, Assistant Municipal Attorney
Municipality of Anchorage
P.O. Box 196650
Anchorage, AK 99519-6650
POSITION STATEMENT: Testified in support of CSSB 96(CRA)
Kevin Ritchie, Executive Director
Alaska Municipal League
217 2nd St.
Juneau, AK 99801
POSITION STATEMENT: Supports CSSB 96(CRA)
Kim Metcalfe-Helmar, Special Assistant
Department of Community & Regional Affairs
P.O. Box 112100
Juneau, AK 99811-2100
POSITION STATEMENT: Questions on CSSB 96(CRA)
Randy Welker, Legislative Auditor
Legislative Audit Division
P.O. Box 113300
Juneau, AK 99811-3300
POSITION STATEMENT: Offered information on CSSB 96(CRA)
Senator Mike Miller
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Prime Sponsor of SB 107
Mayor John Gonzales
Denali Borough
P.O. Box 480
Healy, AK 99743
POSITION STATEMENT: Supports SB 107
Darrell Mueller, Chairman, Land Planning
Committee
Denali Borough
P.O. Box 480
Healy, AK 99743
POSITION STATEMENT: Testified in support of SB 107
Ron Swanson, Director
Division of Land
Department of Natural Resources
3601 C St., Suite 1122
Anchorage, AK 99503-5947
POSITION STATEMENT: Neutral on SB 107
Senator Georgianna Lincoln
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Prime Sponsor of SB 32
David Cornberg
Tanana Chiefs Conference
Fairbanks AK
POSITION STATEMENT: Supports SB 32
Vince Barry, Director, Education Program Support
Anne Kessler, Education Program Support
Department of Education
801 W. 10th St., Suite 200
Juneau, AK 99801-1894
POSITION STATEMENT: Testified in opposition to SB 32
ACTION NARRATIVE
TAPE 95-8, SIDE A
Number 001
SCRA - 3/22/95
SB 96 UNFUNDED MANDATES ON MUNICIPALITIES
CHAIRMAN TORGERSON called the Senate Community & Regional Affairs
Committee meeting to order at 1:37 p.m. He brought SB 96 ,
sponsored by Senate Kelly, before the committee as the first order
of business.
Number 010
JOSH FINK, aide to Senator Kelly, explained that just as the U.S.
Congress is attempting to address the considerable financial
hardships unfunded federal mandates place on state governments,
many state legislatures are beginning to address the same financial
hardships unfunded state mandates are placing on local governments.
At present, 16 states have laws to try to limit or prohibit state
government from imposing unfunded mandates on municipalities.
Additionally, more than 20 other state legislatures are considering
legislation much like SB 96.
SB 96 was introduced by Senator Kelly to remedy the problem of
unfunded state mandates in Alaska. The legislation is a high
priority for the Alaska Municipal League, the Municipality of
Anchorage, the Fairbanks North Star Borough, the Alaska Conference
of Mayors, and the City of Unalaska, among others.
Unfunded mandates cause cash-strapped cities to decrease basic
municipal services in order to pay for the unfunded mandates. As
these unfunded mandates increase for local governments, aid to
municipalities has been cut more than 55 percent. As
municipalities and local governments struggle to provide services
mandated but not funded by the Legislature, increased property
taxes and other local taxes have been used as funding vehicles as
well as cuts in other services.
Mr. Fink said the principal imperative of this legislation is that
the state government should not require municipalities by statute,
regulation or administrative action to implement any new programs,
service or activity which significantly impacts that municipality's
budget unless the legislature is willing to provide funding for
that new mandate.
SB 96 sets us a mechanism which will go a long way to preventing
state government from imposing new mandates without funding them.
However, the legislature is, ultimately, constitutionally capable
of imposing such mandates if it desires.
Number 070
SENATOR TORGERSON directed attention to a proposed committee
substitute. SENATOR KELLY moved the adoption of CSSB 96(CRA) as a
working document. Hearing no objection, it was so ordered.
Number 080
JOSH FINK, in presenting a section-by-section analysis of CSSB
96(CRA), said Section 2 is the crux of the legislation. It adds a
new section to Title 24 and provides that a bill enacted after
January 1, 1996 that imposes new or increased costs to
municipalities is not effective unless funds are appropriated at
the time of enactment to fully fund these new or increased costs
resulting from the new legislation.
Further, unless sufficient funds continue to be appropriated each
successive legislative session that the mandate is in effect, the
mandate shall be revoked. Exceptions to this are: a bill passed
by two-thirds of the members of each house; a mandate requested by
the affected municipalities; a bill that affirms existing law as it
has been construed by the courts or enacts federal law or
regulation; and a bill that creates, eliminates, or changes a
criminal offense as defined in Title 11.
Number 190
JANET KELLY, Assistant Professor of Political Science & Public
Administration at Clemson University in South Carolina, informed
the committee she has been studying state mandates to localities
for the last 10 years.
Professor Kelly has discussed the legislation before the committee
at some length with Kevin Ritchie of the Alaska Municipal League,
as well as discussing some of the potential pitfalls of other
states' experience with a statutory prohibition on unfunded
mandates. She added that SB 96 avoids much of that pitfall and she
believes it is an excellent bill.
Professor Kelly said this sort of legislative attempt at self-
limitation is very useful and that it heightens legislative
awareness of the fiscal constraints of municipalities, but it also
recognizes the state legislature's right and necessity to impose
unfunded mandates in the event that there is an emergency, etc.,
where such a mandate is clearly indicated.
Professor Kelly reiterated SB 96 is an excellent bill and she has
no difficulties with it.
Number 240
SCOTT BRANDT-ERICHSEN, Assistant Municipal Attorney, Municipality
of Anchorage, testifying from Anchorage, voiced the municipality's
support for CSSB 96(CRA), and stated he was available for
questions.
SENATOR TORGERSON said a question has come up concerning the
exception in Section 2, (d)(2), "mandate requested by the affected
municipalities," and asked if this language was too broad. SCOTT
BRANDT-ERICHSEN answered that there is procedure which would help
in identifying whether a municipality or whether all of the
affected municipalities have requested a change. He suggested that
section could be worded in a way that would provide a clearer
distinction.
Number 318
SENATOR KELLY noted that in her testimony, Professor Kelly referred
to an "emergency." Professor KELLY said she was referring to a
history of other states' experience with similar legislation in
which legislatures have been able to, in the event of the
emergency, quickly generate the two-thirds majority that they need
in each house in order to enact an unfunded mandate. SENATOR KELLY
commented that as a state that seems to stagger from natural
disaster to natural disaster, we could probably anticipate some
type of an emergency in the next several years, and he suggested
adding an exception relating to bills passed in response to a state
of emergency as proclaimed by the governor. He also suggested that
maybe an approach on (d)(2) "mandate requested by the affected
municipalities" could be changed to "mandate officially requested
by the Alaska Municipal League" which would be relatively
representative of the majority of communities throughout Alaska.
SENATOR R. PHILLIPS pointed out that communities drop in and out of
the League and there are different reasons that they may oppose a
mandate and at what levels they may oppose it at.
Number 360
KEVIN RITCHIE, Executive Director, Alaska Municipal League, noted
that federal anti-mandates legislation had been signed by
President Clinton earlier in the day, and he believes it will have
a big effect on state/federal relations, as well as with
municipalities.
Mr. Ritchie said the Leagues believes that SB 96 is a real strong
statement and more of a moral imperative and a discussion point
than a law that's going to be enforced by the courts. He said
there are ways to get around the bill, but the thing that makes it
a moral imperative is the fact that it is written down and agreed
to. It is a very strong, very supportable bill.
Number 525
SENATOR HOFFMAN asked how many unfunded mandates have been passed
on to the municipalities in the last two or three years and their
costs. KEVIN RITCHIE responded that the state has been very
conscientious in not creating additional statutory mandates, and
the League feels the state restraint has been really good as budget
pressures increase. He noted that the Legislative Research Agency
created a report which includes all of the mandates from state
government to local government, but there wasn't a breakdown on
what Senator Hoffman was asking. However, probably the poignant
example would be the senior citizen property tax. It was a bill
that passed years ago, but the decision to underfund it has
happened annually. SENATOR KELLY said he would have staff research
the last four legislative sessions to see if any legislation that
mandates was passed and that falls under the purview of this bill,
as well as to look at some of the pieces of legislation that didn't
pass.
Number 575
SENATOR KELLY moved the following amendments to CSSB 96(CRA)
Page 3, line 16: Delete "audit" and insert "finance"
Page 3, after line 30: Insert a new paragraph to read as follows:
"(1) bill passed in response to a disaster emergency
declared by the governor under AS 26.23.020;"
Renumber the following paragraphs accordingly.
Page 4, line 1: Delete "the affected municipalities" and insert
"resolution from the Alaska Municipal League"
Hearing no objection, SENATOR TORGERSON stated the amendments were
adopted.
TAPE 94-5, SIDE B
Number 010
KIM METCALFE-HELMAR, Special Assistant, Department of Community &
Regional Affairs, stated the department had just received the new
committee substitute and has not had an opportunity to take a close
look the fiscal impacts of the new language on page 5, which
requires the department to prepare an estimate of the increased
costs if the adoption, amendment, or repeal of a regulation would
require increased costs to municipalities. Also, it is unclear to
the department how it would fit in with the findings that would be
undertaken by the legislative finance division as outlined in
subsection (b) on page 3.
Number 035
RANDY WELKER, Legislative Auditor, Legislative Audit Division, said
his initial concern with the original committee substitute was in
the provision on page 3, line 16 that was just changed in Senator
Kelly's amendment from the legislative audit division to the
legislative finance division.
Mr. Welker related that the zero fiscal note prepared by
Legislative Audit was prepared based on the provisions of
subsection (c) on page 3, which provides that if a municipality
disputes the findings it can petition the audit division for
review. He said if we are putting a good faith effort into the
legislation, where the findings are well thought out, the only time
where a municipality might dispute findings is if a finding is
determined to not impact a municipality when, in fact, it clearly
does.
Number 070
SENATOR R. PHILLIPS voiced his concern on how legislators on the
Budget and Audit Committee are going to know what is going on
unless there is some of kind of reporting system to the committee
itself. RANDY WELKER said there are a lot of requests that the
audit division gets for quick turn-around type of things that they
can do, and he would consider this in that regard. He added that
if it was something that would significantly impact the division,
he would then go to the committee and ask for prioritization.
However, he thinks the primary emphasis is going to be on the
definition of "sufficiently funded" which is outside of the
findings and the role that he sees the audit division playing. But
he not sure that the bill defines who will make the determination
of whether or not a mandate is sufficiently funded. SENATOR Kelly
agreed that is a weakness in the bill, and he thinks some work is
going to have to be done on that particular section.
Number 110
There being no further testimony on CSSB 96(CRA), SENATOR TORGERSON
stated the bill would be held over for additional work and would be
back before the committee at its next meeting.
SCRA - 3/22/95
SB 107 LAND GRANT FOR DENALI BOROUGH
SENATOR TORGERSON brought SB 107 before the committee as the next
order of business.
Number 125
SENATOR MIKE MILLER, prime sponsor of SB 107, said he introduced
the legislation at the request of the Denali Borough Assembly.
The purpose of SB 107 is to increase the land grant to the borough.
Under the Municipal Land Entitlement Act, the borough would be
getting approximately 51,000. However, the borough is going
through a process of identifying their needs and they would like to
have 71,000 acres of state land in order to build an economic base
in their borough.
Senator Miller said his position over the years has been that the
closer government is to the people the better it is. There is a
lot of land in state inventory and nothing will happen to a lot of
that land, but if it is the hands of the local government, chances
are much greater that it will be put into production and provide an
economic base for the community.
Number 208
SENATOR KELLY voiced his concern that in the past there have been
boroughs that weren't able to get all of their land entitlements so
they were given cash settlements instead.
Number 215
JOHN GONZALES, Mayor of the Denali Borough testified from Healy in
support of SB 107. He said the borough hired consultants and has
been working the last two years to determine what the borough would
need in order to support itself. The lands they are asking for are
VUU (vacant, unappropriated, unreserved) lands inside the borough,
and the 71,000 acres they have identified are needed in order to
meet their goals.
Number 245
DARREL MUELLER, Chairman of the Land Planning Committee in Healy,
stated most of the land within their boundary is in federal control
or restricted by state classifications, making them unselectable
under the Municipal Entitlement Act. The Denali Borough not only
needs land now for development, but they need it for future growth
as well. They expect it will provide a tax base for providing
services for borough residents, as well as visitors to the Denali
area. He said they are involved in a community planning process
and they are in the process of establishing their property
management system.
Number 290
SENATOR TORGERSON asked if the Denali Borough has selected its
entitlement of 51,000 acres, as well as how much state land is
within the boundaries of their borough. DARREL MUELLER answered
that they are in the preliminary process right now and they've come
up with approximately 25,000 acres that come under the VUU
requirement for state land. There are approximately 510,000 acres
of state land within their boundaries.
Number 305
SENATOR R. PHILLIPS asked what the status was on the northeast part
of the Mat-SU area annexing with the Denali Borough. DARREL
MUELLER answered that the only requests that they have received
have been from a Native corporation to annex part of their
corporate land into the southern area of the borough.
Number 315
SENATOR HOFFMAN asked if there was a breakdown on the lands they
are contemplating selecting under the 51,000 limit and the lands
they anticipate selecting under the 71,000 limit. DARREL MUELLER
acknowledged that a breakdown could be prepared and forwarded to
the committee.
Number 325
RON SWANSON, Director, Division of Land, Department of Natural
Resources, said he wasn't present to take a position on the bill,
but to provide the committee with information so it could decide
the direction it wants to take.
Last year the same type of process was done with the Lake &
Peninsula Borough and they ended up with an entitlement of 125,000
acres, which is quite a bit more than their 10 percent figure that
they would have been otherwise entitled to. The division worked
with the Lake & Peninsula Borough to look at particular maps of
where their selections would be, the type of land they would get,
and the purpose they would put them to.
Mr. Swanson said in the case of the Denali Borough, they have not
yet been certified for their original entitlement. Within two
years and a half years from incorporation, the Department of
Natural Resources must certify what their entitlement would be and
that is due in December of this year. Within one year of the date
of certification, the municipalities must make their selections.
Mr. Swanson related that within the Denali Borough there is a
little over 2 million acres of state land. About 500,000 of that
is considered VUU land and the borough's entitlement would be 10
percent of that.
Mr. Swanson said the department wants the borough to become self
sufficient, but they need to have a better sense for where these
selections would be, for what purposes, and any pitfalls that they
might see that might be out there.
Number 375
SENATOR TORGERSON asked Mr. Swanson when he thought everyone could
get together and try to figure this out. RON SWANSON answered that
the sooner the borough can get the department maps to look at, the
sooner he could give an answer on that. He pointed out that they
haven't completed their process for the 51,000 acres and, yet, they
are asking for an additional entitlement. MAYOR GONZALES said one
of the reasons they have come with the 71,000 acre figure is
because they would like to do this process all at once instead of
having to spend more money to go through a process again.
Number 400
SENATOR ZHAROFF requested that information be provided to the
committee on how the formula works for these land selections.
There being no other witnesses wishing to testify on SB 107,
SENATOR TORGERSON stated the bill would be held over.
SCRA - 3/22/95
SB 32 NATIVE LANGUAGE EDUCATION
Number 415
SENATOR TORGERSON introduced SB 32 as the final order of business.
SENATOR GEORGIANNA LINCOLN, prime sponsor of SB 32, told the
committee that while campaigning five years ago, she went to a
rather large, predominantly Native village and found that the
students there were learning the Russian language through a
television set. Through the Star Program they had a choice of
Russian, Spanish or Japanese languages. She asked how many of the
students would have chose their Native language if that were an
option, and all hands, regardless of their ethic background, were
raised. She asked the same question, not only in her district, but
all over the state, and, without hesitation, the youths would raise
their hands unanimously in their desire to have the Native language
taught.
Senator Lincoln directed attention to backup from the University of
Alaska that shows that by the year 2030 most of the languages,
other than Central and Siberian Yupik, will become extinct. She
noted that there are very few anymore that all speak the Native
language. It has been pointed out that students actually do much
better in their classes and in basic reading, writing and
arithmetic if they have the background of their Native language.
Number 495
DAVID CORNBERG, an independent consultant, testified from
Fairbanks. He informed the committee he has a Ph.D. in education
with specialization in cross-cultural education, and he has been on
contract with Tanana Chiefs Conference for over two years as the
primary planner for their new tribal college. The college serves
villages of the Interior which are primarily Athabascan Indian.
Part of the curriculum mandate for the tribal college from the
people of the Interior is keeping Athabascan language a culture.
Therefore, they are very eager to see a coherent language and
culture program in Natives languages from Head Start all the way
through 12th grade.
Mr. Cornberg said there is very good evidence that young people who
are competently taught in a Native or indigenous language, along
with a mainstream language such as English, do better academically.
In the long run, the bill will save money for the state, because
those same people gain better self respect, better self esteem and
a higher ability to tolerate differences around, and, therefore,
they become less likely to act out in socially negative ways.
Mr. Cornberg said the fiscal note on the bill may be a little high,
but there are teacher aides in many schools in Alaska who would be
able to step into the position of advisory board to teachers
without any additional cost to the state. There are also thousands
of pages of useable curriculum in the closets and the shelves of
school districts and local school all over Alaska that are quite
literally waiting for this legislation.
Number 590
VINCE BARRY, Education Program, Department of Education, stated the
department is in agreement with the general tenor of SB 32. They
are extremely interested in bilingual education, dealing with
youngsters in the state that speak 102 different languages.
However, the department is in opposition to the bill because it
outlines what is already happening in about half of the districts,
and those districts chose to undertake these kinds of activities.
Mr. Barry said SB 32 would be duplicative and the issues in the
bill may be done now by any district that so chooses. There are
bilingual programs in 50 districts, and the state foundation
represents a cost of close to $20 million a year.
Mr. Barry, in discussing the fiscal note, said the bill itself
would not create any further costs to the department, but it would
to the state foundation program.
Number 650
SENATOR LINCOLN commented that this is not a bilingual bill.
Presently, the bilingual teachers in the communities are teaching
words and phrases, but they are not teaching the language as
language like they do with Russian, Spanish and Japanese.
TAPE 95-9, SIDE A
Number 005
SENATOR LINCOLN reiterated that SB 32 is not a bilingual bill, and
she pointed out that it provides for local advisory boards, where
it is predominately Native, to make the determination of the
affordability and establishment of a Native language curriculum for
a school.
Number 010
ANNE KESSLER, Education Program Support, Department of Education,
said the use of the word "bilingual" education is one that creates
a lot of confusion. The department's viewpoint of bilingual
education programs, as they are currently funded in the state, is
that Native language is one of several other languages within the
bilingual program.
Ms. Kessler said districts who choose to submit a bilingual plan of
service, work with their school boards, work with parent and local
advisory boards, to make the selection as far as what type of
program to offer.
Number 056
SENATOR HOFFMAN questioned why, if there are all of these programs
going on, there are statistics saying that many of these Native
languages are going to die by the year 2030. ANNE KESSLER answered
that there has been 20 years of bilingual education programs.
There are other social and economic factors that have created at
least a one-generation gap in the students who are now parents,
because of not having access to those programs for various reasons.
She agreed that the statistics are probably accurate, but she
thinks some of the languages have a very good chance of surviving.
Number 145
DAVID CORNBERG added that what needs to be considered is that while
the bilingual programs are effective to some extent, they are not
the programs that are going to reverse the decline of the language.
The emersion programs will reverse the decline of the languages.
He added that is being shown all over the world, it is not just an
Alaskan experience. ANNE KESSLER agreed that research has shown
the emersion programs to be very effective, and she said any
district that wants to start an emersion program can do so within
the provisions of the LOESL program (language other than english as
a second language program). The department is supportive of these
programs and will work with districts to implement them within the
realm of the bilingual education regulations.
Number 188
SENATOR TORGERSON stated he agreed with an observation made earlier
by Senator Hoffman that if they were doing a good job with their
bilingual program, there wouldn't be a need for SB 32.
There being no further witnesses to testify, SENATOR TORGERSON
asked for the will of the committee on SB 32.
SENATOR HOFFMAN moved that SB 32, along with a new zero fiscal
note, be passed out of committee with individual recommendations.
Hearing no objection, it was so ordered.
There being no further business to come before the committee, the
meetin g was adjourned at 3:25 p.m.
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