Legislature(1997 - 1998)
1998-01-26 House Journal
Full Journal pdf1998-01-26 House Journal Page 2129 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- SECOND SESSION Juneau, Alaska Monday January 26, 1998 Fifteenth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 11:12 a.m. Roll call showed 34 members present. Representatives Hodgins, Kubina, Moses and Vezey had been previously excused from a call of the House today. Representative Porter moved and asked unanimous consent that the following members' previous excuse be extended. There being no objection, the members were excused as noted: Representative Kemplen - to 1:55 p.m. today (amended from page 2047) Representative Sanders - to 9:30 a.m., plane time, January 27, 1998 (amended from page 2047) The invocation was offered by the Chaplain, Reverend Ellen Younker of Aldersgate United Methodist Church. Representative Croft moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "O God, You are our alpha and omega, our ruptured beginning and awesome end, the startling first and the gracious last. 1998-01-26 House Journal Page 2130 At the beginning of our work week here, help us to remember those things which need to be primary in our thoughts and actions: Our beloved children, especially those who are homeless, hungry, without parents, in harmful situations, undereducated, unrestrained... Our faithful communities and neighbors, especially those who are isolated by distance, addiction, fear and poverty... Our spacious earthly home, especially where it is haunted with extinction, pollution, overuse or abuse... Our own moral character, especially when we are tempted to compromise our ideals, forfeit our integrity, trade our resilient good sense for shoddy ease. In all things, deliver us, and capture our hearts for the working of Your will. Amen." The Pledge of Allegiance was led by Representative Dyson. CERTIFICATION OF THE JOURNAL Representative Porter moved and asked unanimous consent that the journal for the 12th, 13th and 14th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE A message dated January 23, 1998 was read stating the Senate has passed the following, and they are transmitted for consideration: 1998-01-26 House Journal Page 2131 FIRST READING AND REFERENCE OF SENATE BILLS SB 110 CS FOR SENATE BILL NO. 110(L&C) am by the Senate Labor & Commerce Committee, entitled: "An Act relating to licensure of landscape architects; relating to exemptions from laws regulating the practice of architecture, engineering, and land surveying; and relating to fees collected by the Board of Registration for Architects, Engineers, and Land Surveyors." was read the first time and referred to the Labor & Commerce and Finance Committees. SB 159 CS FOR SENATE BILL NO. 159(L&C) by the Senate Labor & Commerce Committee, entitled: "An Act relating to the new business incentive program." was read the first time and referred to the Finance Committee. COMMUNICATIONS The following report was received: Dept. of Transportation & Public Facilities Alaska Marine Highway System Annual Financial Report Fiscal Year Ended June 30, 1997 (as required by AS 19.65.080) INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: 1998-01-26 House Journal Page 2132 Honoring - L. Rowland Baxter on His 94th Birthday By Representative Hanley In Memoriam - Vernon Lee "Vern" Eliason By Representative Grussendorf and Honoring - Russian Climbers Artur Testov, Alexandr Nikiforov and Vladimir Ananich By Representative Berkowitz which was taken up later as a Special Order of Business. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 51 HOUSE JOINT RESOLUTION NO. 51 by Representatives Masek, Foster and Ivan: Relating to support for H.R. 2924, which allows certain Alaska Native Vietnam veterans and the Elim Native Corporation to select land under the Alaska Native Claims Settlement Act. was read the first time and referred to the House Special Committee on Military & Veterans' Affairs. HJR 52 HOUSE JOINT RESOLUTION NO. 52 by Representatives James, Barnes, Therriault and Austerman: Relating to opposition to the designation of any rivers in Alaska as American Heritage Rivers under the American Heritage Rivers initiative. was read the first time and referred to the Resources Committee. 1998-01-26 House Journal Page 2133 INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 350 HOUSE BILL NO. 350 by Representatives Croft, Phillips, Bunde, Green, James, Berkowitz and Davies, entitled: "An Act requiring that the cost of contraceptives and related healtlth care services be included in health insurance coverage." was read the first time and referred to the Health, Education & Social Services and Labor & Commerce Committees. HB 351 HOUSE BILL NO. 351 by the House Rules Committee by request of the Governor, entitled: "An Act relating to academic performance and accreditation of public schools; relating to state aid to school districts and regional educational attendance areas; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services and Finance Committees. The following fiscal notes apply: Fiscal notes (2), Dept. of Education, 1/26/98 The Governor's transmittal letter dated January 23, 1998, appears below: "Dear Speaker Phillips: We have the responsibility to ensure every child in the state receives the educational opportunities to succeed. When our children can read, write and compute they not only are better able to enter the work force, but they can become full participants in tomorrow's society. On the other hand, children not meeting success in our schools are far more likely to fail in other ways, contributing to future costs to the public. 1998-01-26 House Journal Page 2134 HB 351 Meeting this responsibility requires providing schools appropriate funding and support while holding them accountable for student performance. I am pleased to send you my Quality Schools initiative today a comprehensive bill proposing a new system of school accountability, and a revamping of the foundation formula to make our funding system more equitable. This bill replaces the school funding bills (SB 85 and HB 126) and the education competency testing bills (SB 200 and HB 275) I proposed last year. The "Quality Schools," or "accountability" portion of this legislation launches a three-part plan to improve Alaska's schools: mandatory standards in the basics of reading, writing and math; mandatory assessment and testing to ensure students are making the grade; and mandatory consequences for schools that are failing. The State Board of Education will develop student performance standards in reading, writing and mathematics for all public schools. Students will then be assessed and tested throughout their school years to ensure they are meeting the performance standards. Last year, the Legislature required a high school "exit exam." This bill I am presenting today provides the structure to ensure that students are ready for the exam and have the skills to receive a high school diploma. In order to determine whether schools are providing an adequate education for all students, this legislation will establish a state accreditation system based on a school's performance. Beginning in 2002, the Department of Education will designate each public school in the state as distinguished, successful, deficient, or in crisis based on measures of student performance. Successful and distinguished schools will automatically receive state accreditation. Schools designated deficient or in crisis will work with parents, their communities and the Department of Education, if desired, to design an improvement plan to earn state accreditation. If after two years a school does not earn a successful designation, intervention by the state, in consultation with the community and parents, is authorized. While direct intervention by the state is not expected nor desired, it would be irresponsible to not take action to overcome failing schools. 1998-01-26 House Journal Page 2135 HB 351 Adequate funding is necessary if schools are to meet the expectations laid out in this plan. In revising the foundation formula, this bill makes a long overdue increase in the instructional unit value, from $61,000 to $62,550 and establishes automatic adjustments in the future to help schools keep up with increased costs. The unit value increase will result in $20 million more for formula funding in fiscal year 1999. An additional $4.1 million in foundation formula support will ensure equitable funding in special and gifted education and correspondence programs and provide hold harmless dollars so that no district experiences decreased funding under the new formula. Other changes to the foundation formula are based on implementing the Quality Schools initiative and making the funding system as equitable as possible, and include: Closing loopholes in special education and gifted funding. Holding districts harmless from loss of state aid under the new program on a sliding scale for the first three years. Incorporating single site tables into the foundation program. Equalizing district correspondence funding. With the introduction of these new dollars to the formula, I have asked business leaders to meet with school administrators to discuss best business practices. The public deserves to know we are spending our education dollars wisely, and I am committed to assist districts to that end. I want to thank the State Board of Education and all the groups in the education community for their work on crafting this bill. We have agreed it is time to raise the bar for schools in Alaska, provide schools the funds to ensure each student can jump that bar, and hold schools accountable if students do not. We know all children can learn, and all schools can be successful. But, we also know all Alaskan children are not learning, and not all our schools are successful. This 1998-01-26 House Journal Page 2136 HB 351 legislation sets forth a system for high expectations and high results. I urge your prompt consideration and passage of this proposal. Sincerely, /s/ Tony Knowles Governor" HB 352 HOUSE BILL NO. 352 by the House Rules Committee by request of the Governor, entitled: "An Act relating to the state's participation in the financing of construction and major maintenance of public school facilities; giving notice of and approving the entry into, and the issuance of certificates of participation in, lease-financing agreements for public school facilities; and providing an effective date." was read the first time and referred to the State Affairs, Health, Education & Social Services and Finance Committees. The following fiscal notes apply: Fiscal note, Dept. of Revenue, 1/26/98 Indeterminate fiscal note, Dept. of Education, 1/26/98 Zero fiscal note, Dept. of Administration, 1/26/98 The Governor's transmittal letter dated January 23, 1998, appears below: "Dear Speaker Phillips: Part of my Quality Schools Initiative is the provision of adequate, safe and well-maintained schools in which our children can learn. Unfortunately, with declining general fund capital budgets, the backlog of needed school construction and major maintenance projects across our state has continued to grow. Today I am introducing legislation that provides a plan and a funding mechanism for addressing the entire current statewide prioritized list of $744 million of capital projects over the next 10 years. 1998-01-26 House Journal Page 2137 HB 352 The Public School Facilities Financing Program authorizes the issuance of certificates of participation, a specialized type of revenue bond which has recently been issued by the state at very favorable interest rates. These bonds will be repaid by revenues from cigarette taxes deposited into the designated School Fund. In this way, up to $100 million can be leveraged annually over the next six years. After that, general funds will be utilized that are currently budgeted for the local school debt reimbursement program as local school bonds are retired. The program will balance the needs of rural and urban school districts, with an emphasis in the early years on critical major maintenance projects. Annual funding is designed to meet critical projects quickly yet maintain a level that maximizes the use of in-state workers and companies. This program will provide a predictable source of funds and certainty in project scheduling for local districts. As in the current grant program, a local matching share would be required from 35% to 2% of total project costs depending on the tax base of the district. However, unlike the current school debt reimbursement program, school districts would be required only to come up with their match share and would not have to bond for the entire project amount. Education is a top priority for most Alaskans and this Administration. To address the many challenges facing our schools and to advance quality in the education of our children, I have introduced legislation that 1) mandates standards, comprehensive testing, and remedial actions for deficient schools; 2) provides more resources for our strapped schools; 3) revises our foundation formula to more efficiently and equitably distribute state funds; and 4) provides adequate space and safety for students. I urge your prompt and favorable action. Sincerely, /s/ Tony Knowles Governor" 1998-01-26 House Journal Page 2138 HB 353 HOUSE BILL NO. 353 by Representatives Kelly and Dyson, entitled: "An Act relating to adoption by reference in regulations; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services Committee. HB 354 HOUSE BILL NO. 354 by Representative Croft, entitled: "An Act relating to reimbursement to a municipality for certain property tax revenues lost to it as a result of a tax exemption for certain residences; and providing for an effective date." was read the first time and referred to the Community & Regional Affairs and Finance Committees. HB 355 HOUSE BILL NO. 355 by Representative Croft, entitled: "An Act relating to municipal fees for certain police and fire protection services." was read the first time and referred to the State Affairs and Judiciary Committees. HB 356 HOUSE BILL NO. 356 by Representatives Mulder, Dyson, Foster, Croft and Ivan, entitled: "An Act establishing the Joint Committee on Military Bases in Alaska; and providing for an effective date." was read the first time and referred to the House Special Committee on Military & Veterans' Affairs. 1998-01-26 House Journal Page 2139 HB 357 HOUSE BILL NO. 357 by Representatives Phillips, Porter, James, Kott, Brice, Rokeberg, Berkowitz, Croft, Kemplen, Dyson, Davies and Mulder, entitled: "An Act relating to the Special Olympics World Winter Games to be held in Anchorage in the year 2001; establishing a reserve fund for the games; providing certain duties and authority for the Alaska Industrial Development and Export Authority regarding financing for those games; and providing for an effective date." was read the first time and referred to the Finance Committee. CONSIDERATION OF THE DAILY CALENDAR LEGISLATIVE CITATIONS Representative Porter moved and asked unanimous consent that the House approve the citations on the calendar. There being no objection, the following citations were approved and sent to enrolling: Honoring - Resource Center for Parents and Children, 25th Anniversary By Representatives Brice, Berkowitz, Croft, Davies, Davis, Dyson, Elton, Grussendorf, James, Kelly, Kemplen, Kott, Kubina, Masek, Mulder, Nicholia, Porter, Rokeberg, Ryan, Vezey, Williams Honoring - Sandra J. Anderson, Dedicated Educator By Senators Phillips, Halford; Representatives Dyson, Kott, Phillips, Berkowitz, Bunde, Croft, Davies, Davis, Elton, Grussendorf, Hudson, James, Kelly, Kemplen, Kohring, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Vezey, Williams Honoring - Gordon Giles, Seldovia Chamber of Commerce, 1998 Citizen of the Year By Senator Torgerson; Representatives Phillips, Berkowitz, Brice, Croft, Davies, Davis, Elton, Green, James, Kelly, Kemplen, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Vezey, Williams 1998-01-26 House Journal Page 2140 In Memoriam - Pastor Leeroy Parham By Representatives Brice, Phillips, Berkowitz, Croft, Davies, Davis, Elton, Foster, Grussendorf, James, Kelly, Kemplen, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Vezey, Williams In Memoriam - Carl "Bumpy" Larson By Senators Hoffman, Adams, Lincoln; Representatives Ivan, Moses, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Elton, Foster, Grussendorf, James, Kelly, Kemplen, Kott, Kubina, Masek, Nicholia, Ogan, Porter, Rokeberg, Ryan, Vezey, Williams In Memoriam - Vivian Irene Teeland by Senators Halford, Green, Phillips; Representatives Kohring, Ogan, Masek, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Dyson, Elton, Foster, Grussendorf, James, Kelly, Kemplen, Kott, Mulder, Nicholia, Porter, Rokeberg, Ryan, Vezey, Williams In Memoriam - Glenn Robert Rydeen By Senator Ward; Representatives Phillips, Barnes, Berkowitz, Brice, Croft, Davies, Davis, Elton, Foster, Grussendorf, Hodgins, James, Kelly, Kemplen, Kott, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Vezey, Williams SPECIAL ORDER OF BUSINESS Representative Porter moved and asked unanimous consent that the citation Honoring - Russian Climbers Artur Testov, Alexandr Nikiforov and Vladimir Ananich be taken up as a Special Order of Business at this time. There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that the House approve the citation. There being no objection, the following citation was approved and sent to enrolling: Honoring - Russian Climbers Artur Testov, Alexandr Nikiforov and Vladimir Ananich By Representatives Berkowitz, Phillips, Brice, Bunde, Croft, Davies, Dyson, Elton, Grussendorf, Ivan, James, Kelly, Kohring, Kott, Mulder, Nicholia, Porter, Rokeberg, Ryan, Therriault, Williams 1998-01-26 House Journal Page 2141 UNFINISHED BUSINESS Representative Porter moved and asked unanimous consent that the following members be excused from a call of the House. There being no objection, the members were excused as noted: Representative Masek - from 1:40 p.m., plane time, January 30 to 9:30a.m., plane time, February 2, 1998 Representative Davis - from noon, plane time, January 30 to 11:00a.m., plane time, February 2, 1998 HJR 49 Representative Hudson added his name as cosponsor to: SPONSOR SUBSTITUTE FOR HOUSE JOINT RESOLUTION NO. 49 Relating to opposition to a moratorium on the building of roads in the roadless areas of national forests. HB 333 Representative Cowdery added his name as cosponsor to: HOUSE BILL NO. 333 "An Act relating to the crime of endangering the welfare of a minor." HB 346 Representative Hudson added his name as cosponsor to: HOUSE BILL NO. 346 "An Act extending the termination date of the Citizens' Advisory Commission on Federal Areas in Alaska; and providing for an effective date." ANNOUNCEMENTS House committee schedules are published daily under separate cover. 1998-01-26 House Journal Page 2142 ADJOURNMENT Representative Porter moved and asked unanimous consent that the House adjourn until 10:00 a.m., January 28, 1998. There being no objection, the House adjourned at 11:39 a.m. Suzi Lowell Chief Clerk