Legislature(2013 - 2014)HOUSE FINANCE 519

03/20/2014 08:30 AM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HJR 18 CONST. AM: ELECTED ATTORNEY GENERAL TELECONFERENCED
Heard & Held
+ HJR 33 CONST. AM: MEMBERSHIP OF JUDICIAL COUNCIL TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 220 REPEAL SECONDARY SCHOOL EXIT EXAM TELECONFERENCED
Moved CSHB 220(FIN) Out of Committee
HOUSE BILL NO. 220                                                                                                            
                                                                                                                                
     "An  Act  repealing  the secondary  student  competency                                                                    
     examination  and  related requirements;  and  providing                                                                    
     for an effective date."                                                                                                    
                                                                                                                                
9:53:14 AM                                                                                                                    
                                                                                                                                
Co-Chair  Stoltze  MOVED  to ADOPT  the  proposed  committee                                                                    
substitute  for HB  220, Work  Draft 28-LS0947\C,  (Mischel,                                                                    
3/17/14). Co-Chair Austerman OBJECTED for discussion.                                                                           
                                                                                                                                
Co-Chair Stoltze  stated that the  CS responded  to concerns                                                                    
expressed by the House Finance Committee.                                                                                       
                                                                                                                                
DANIEL   GEORGE,   STAFF,   REPRESENTATIVE   BILL   STOLTZE,                                                                    
explained the  changes in  the CS.  In Sections  6 and  7 on                                                                    
page  4  of the  previous  version  there was  a  transition                                                                    
period  where  students  could continue  to  take  the  High                                                                    
School  Qualifying  Graduation  Exam (HSQGE)  for  one  year                                                                    
following  its repeal.   He  noted that  the newest  version                                                                    
added  the language  from lines  25 through  the end  of the                                                                    
bill on page 5.  He read the section:                                                                                           
                                                                                                                                
     RETROSPECTIVE ISSUANCE  OF A  HIGH SCHOOL  DIPLOMA. (a)                                                                    
     At the  request of a student  made by June 30,  2017, a                                                                    
     school district shall issue a  high school diploma to a                                                                    
     student  who  did not  receive  a  high school  diploma                                                                    
     because the student failed to  pass all or a portion of                                                                    
     the  secondary school  competency  examination but  who                                                                    
     received a  certificate of achievement under  former AS                                                                    
     14.03.075.  A  school  district  shall  mail  a  notice                                                                    
     consistent  with  this  section  to  each  student  who                                                                    
     qualifies  for  a diploma  under  this  section to  the                                                                    
     student's  last known  address. (b)  The Department  of                                                                    
     Education  and Early  Development shall  post a  notice                                                                    
     consistent  with  this   section  on  the  department's                                                                    
     Internet website with information  about how to request                                                                    
     a  high school  diploma. (c)  In this  section, "school                                                                    
     district" has the meaning given in AS 14.30.350. Sec.                                                                      
     7. This Act takes effect immediately under AS                                                                              
     01.10.070(c).                                                                                                              
                                                                                                                                
Mr. George concluded his presentation on HB 220.                                                                                
                                                                                                                                
9:55:44 AM                                                                                                                    
                                                                                                                                
Co-Chair  Stoltze  asked for  the  bill  sponsor's staff  to                                                                    
address the committee.                                                                                                          
                                                                                                                                
THOMAS   STUDLER,   STAFF,  REPRESENTATIVE   PETE   HIGGINS,                                                                    
reported that  Representative Higgins  had no  opposition to                                                                    
the new work draft.                                                                                                             
                                                                                                                                
Vice-Chair  Neuman  asked why  the  effective  date was  not                                                                    
retroactive.  Mr. Studler  explained that  any student  that                                                                    
did not pass  the exam since its inception in  2004 would be                                                                    
able to  request a retrospective  issuance of a  high school                                                                    
diploma.                                                                                                                        
                                                                                                                                
9:57:39 AM                                                                                                                    
                                                                                                                                
Representative  Gara  expressed   that  he  appreciated  and                                                                    
supported HB  220. He recalled  some studies showing  that 3                                                                    
to 6  percent of  school budgets were  spent on  teaching to                                                                    
the  exit  exam rather  than  to  curriculum.   He  asked  a                                                                    
similar  question to  Vice-Chair Neuman  regarding the  June                                                                    
30,  2017 request  deadline.  He wondered  why  it would  be                                                                    
necessary  to impose  a  deadline on  any  student that  had                                                                    
previously received a certificate of achievement.                                                                               
                                                                                                                                
Mr. Studler responded  that it would be up to  the wisdom of                                                                    
the committee to make a change.                                                                                                 
                                                                                                                                
Co-Chair  Stoltze surmised  that a  deadline of  three years                                                                    
was a  reasonable time period  for past students  to request                                                                    
their diploma. He  contended that a cutoff date  served as a                                                                    
motivator   and   affirmed   that   eliminating   the   test                                                                    
requirement saved  the state a significant  amount of money.                                                                    
He supported a  request deadline of 2017  and suggested that                                                                    
if there  was a  large group of  students still  looking for                                                                    
their diploma, the legislature could revisit the issue.                                                                         
                                                                                                                                
10:02:04 AM                                                                                                                   
                                                                                                                                
Representative  Guttenberg  noted  the  immediate  effective                                                                    
date.  He asked  how many  students without  a diploma  were                                                                    
eligible  to take  the HSGQE  and inquired  if they  were in                                                                    
limbo.                                                                                                                          
                                                                                                                                
Mr.  George   deferred  his  response  to   Michael  Hanley,                                                                    
Commissioner,    Department   of    Education   and    Early                                                                    
Development.                                                                                                                    
                                                                                                                                
10:02:51 AM                                                                                                                   
                                                                                                                                
MICHAEL  HANLEY, COMMISSIONER,  DEPARTMENT OF  EDUCATION AND                                                                    
EARLY DEVELOPMENT,  cited that,  since 2004,  2,968 students                                                                    
received a certificate of achievement  rather than a diploma                                                                    
because they  could not pass  the HSGQE.   Just over  600 of                                                                    
the 2,968 students  have retested and passed  the test since                                                                    
the  time of  their initial  exam.   Currently, about  2,300                                                                    
students would be  eligible to receive their  diploma if the                                                                    
legislation  passed.  He reported  that  48  percent of  the                                                                    
2,300   were  students   with  disabilities.   The  governor                                                                    
suggested  a three-year  transition as  one way  of removing                                                                    
the HSGQE. Ultimately, the  department supported the removal                                                                    
of the  HSGQE without reference to  the method.  One  way to                                                                    
implement  the  legislation  would   be  to  make  the  bill                                                                    
retroactive, which  he supported.   He mentioned  that there                                                                    
was an  $8,000 component  in the  fiscal note  that provided                                                                    
for  the  Department  of  Education  and  Early  Development                                                                    
(DEED) to  help school  districts notify the  2,300 students                                                                    
about the change in law.                                                                                                        
                                                                                                                                
Representative  Wilson asked  the commissioner  how many  of                                                                    
the 2,300 students received  their General Education Diploma                                                                    
(GED).                                                                                                                          
                                                                                                                                
10:05:12 AM                                                                                                                   
                                                                                                                                
Commissioner  Hanley  responded  that  he  did  not  have  a                                                                    
number.   He also  informed the committee  that the  GED was                                                                    
conducted  by   the  Department   of  Labor   and  Workforce                                                                    
Development and was separate from a high school diploma.                                                                        
                                                                                                                                
Representative  Wilson asked  for  clarification  as to  the                                                                    
maximum  number  of   students  that  could  retrospectively                                                                    
request their  diploma. Commissioner Hanley stated  that the                                                                    
maximum  number  of  students included  the  current  year's                                                                    
cohorts plus 2,300 past students.                                                                                               
                                                                                                                                
Representative  Wilson  again requested  clarification  that                                                                    
the  current  high  school  seniors  would  be  eligible  to                                                                    
receive their diploma if they completed their coursework.                                                                       
                                                                                                                                
Commissioner  Hanley  replied  that  current  seniors  would                                                                    
still  be   required  to  pass   the  HSGQE  prior   to  the                                                                    
legislation becoming  law.  However,  students that  did not                                                                    
pass  the test  and only  had a  certificate of  achievement                                                                    
would be  able to request  their diploma after the  law took                                                                    
effect.                                                                                                                         
                                                                                                                                
10:06:56 AM                                                                                                                   
                                                                                                                                
Representative Wilson wanted  additional clarification about                                                                    
whether or not  students would receive their  diploma if the                                                                    
law took  effect prior  to graduation  of the  current year.                                                                    
She also  wanted confirmation that  the current  high school                                                                    
seniors  were   not  included  in   the  2,300   number  the                                                                    
commissioner provided.                                                                                                          
                                                                                                                                
Commissioner  Hanley  verified  that current  seniors  would                                                                    
receive their diplomas if the  law became effective prior to                                                                    
graduation.  He  also  affirmed   that  the  current  year's                                                                    
cohorts  were not  a part  of the  2,300 past  students that                                                                    
would be eligible to receive a diploma under HB 220.                                                                            
                                                                                                                                
10:07:57 AM                                                                                                                   
                                                                                                                                
Representative  Munoz supported  the legislation.  She asked                                                                    
for details  regarding communication  to past  students with                                                                    
attendance    certificates.    Specifically,   she    wanted                                                                    
clarification about whether  it would be the  high school or                                                                    
the department that  would be following up  with and issuing                                                                    
diplomas to  students.  She  also asked how DEED  would work                                                                    
with  high schools  to get  the  message out  to the  public                                                                    
about the law, if it passed.                                                                                                    
                                                                                                                                
Commissioner  Hanley  reported   that  high  schools  issued                                                                    
diplomas.  The  department   would  partner  along-side  the                                                                    
school districts  to get word  out to the public,  hence the                                                                    
$8  thousand   fiscal  note.   The  fiscal   note  addressed                                                                    
mailings, public service  announcements, and postings around                                                                    
the state.                                                                                                                      
                                                                                                                                
Representative  Munoz  suggested  that legislators  make  an                                                                    
announcement via their  newsletter in order to  get the word                                                                    
out to constituents if and once the legislation passed.                                                                         
                                                                                                                                
Commissioner Hanley agreed emphatically.                                                                                        
                                                                                                                                
10:09:43 AM                                                                                                                   
                                                                                                                                
Vice-Chair  Neuman  was  concerned  with  eligible  military                                                                    
personnel being able to meet  a request deadline of 2017. He                                                                    
did not want  to see service members miss  an opportunity to                                                                    
receive  a  diploma because  of  an  extended tour  of  duty                                                                    
overseas or because of an accessibility issue.                                                                                  
                                                                                                                                
Commissioner Hanley responded that  the bill did not specify                                                                    
that  a student  would have  to physically  return to  their                                                                    
high school to make a  request.  Past students could contact                                                                    
their  school  remotely.   He  furthered  that students  who                                                                    
received a  certificate of completion  but wanted  a diploma                                                                    
were most likely making arrangements  to take the HSGQE and,                                                                    
therefore,  would have  access to  any change  in graduation                                                                    
requirements.  He was  not as  concerned about  students who                                                                    
were no longer pursuing their diploma after three years.                                                                        
                                                                                                                                
Vice-Chair  Neuman  opposed   having  a  three-year  request                                                                    
deadline.                                                                                                                       
                                                                                                                                
10:12:01 AM                                                                                                                   
                                                                                                                                
Representative Guttenberg  asked why  anyone would  take the                                                                    
HSGQE if it was apparent that the legislation would pass.                                                                       
                                                                                                                                
Commissioner  Hanley reported  that  the test  was given  in                                                                    
October and  April of each  year.   In the current  year the                                                                    
test  would  be given  in  April  prior to  the  legislation                                                                    
passing.                                                                                                                        
                                                                                                                                
10:12:38 AM                                                                                                                   
                                                                                                                                
Representative  Thompson  clarified   that  members  of  the                                                                    
military were required  to have a diploma.  He was concerned                                                                    
that civilian contractors, who wanted  to join the military,                                                                    
would be ineligible if they missed a cutoff date.                                                                               
                                                                                                                                
Co-Chair  Stoltze  suggested   removing  the  objection  and                                                                    
adopting the CS in order to offer any changes.                                                                                  
                                                                                                                                
Co-Chair Austerman  WITHDREW his  OBJECTION. There  being NO                                                                    
further OBJECTION, Work Draft 28-LS0947\C was ADOPTED.                                                                          
                                                                                                                                
Representative  Gara agreed  with Representative  Neuman and                                                                    
Representative  Thompson on  their  point  about imposing  a                                                                    
deadline.  He wanted  to  know what  grade  level the  HSGQE                                                                    
tested at and how much  of teachers' time was spent teaching                                                                    
to the exam.                                                                                                                    
                                                                                                                                
Co-Chair Austerman  asked if Representative  Gara's question                                                                    
was directly related.                                                                                                           
                                                                                                                                
Co-Chair Stoltze noted the savings  of $1.4 million with the                                                                    
elimination of  the HSGQE. He  directed the  commissioner to                                                                    
provide  information  about  the practicality  of  having  a                                                                    
deadline and any other fiscal issues.                                                                                           
                                                                                                                                
10:15:39 AM                                                                                                                   
                                                                                                                                
Commissioner  Hanley  stated  that  the fiscal  note  was  a                                                                    
decrement of $2.75 million.                                                                                                     
                                                                                                                                
Co-Chair  Stoltze  wanted  further clarification  about  the                                                                    
$2.75  million figure  because of  conflicting reports  from                                                                    
Mr. Morse about the state's obligations to the contractor.                                                                      
                                                                                                                                
Commissioner Hanley  replied that the only  difference was a                                                                    
very small  increment of $8  thousand from the  current year                                                                    
to the  next.  The  $8 thousand was designated  for mailings                                                                    
and disseminating information to the public.                                                                                    
                                                                                                                                
10:16:34 AM                                                                                                                   
                                                                                                                                
Representative  Thompson MOVED  to  ADOPT  Amendment 1,  28-                                                                    
LS0947\N.I, Mischel, 2/26/14 (copy on file):                                                                                    
                                                                                                                                
     Page 1, line 2, following "requirements;":                                                                                 
          Insert "relating to an annual performance report                                                                      
     to the legislature by the Department of Education and                                                                      
     Early Development;"                                                                                                        
                                                                                                                                
     Page 1, line 6, following "year":                                                                                          
          Insert "by electronic means"                                                                                        
                                                                                                                                
Co-Chair Austerman OBJECTED for discussion.                                                                                     
                                                                                                                                
Representative   Thompson   detailed  the   amendment.   The                                                                    
amendment  changed  the  reporting   format  from  paper  to                                                                    
electronic means.   The amendment  helped to reduce  the use                                                                    
of paper.                                                                                                                       
                                                                                                                                
Co-Chair   Stoltze   supported   Amendment   1   but   asked                                                                    
Representative Thompson  to make  it a  conceptual amendment                                                                    
to conform to the new CS.                                                                                                       
                                                                                                                                
Representative  Thompson  MOVED  that  his  amendment  be  a                                                                    
conceptual amendment.                                                                                                           
                                                                                                                                
Co-Chair Austerman  WITHDREW his  OBJECTION. There  being NO                                                                    
further  OBJECTION,  it  was so  ordered.  Amendment  1  was                                                                    
ADOPTED.                                                                                                                        
                                                                                                                                
10:19:25 AM                                                                                                                   
                                                                                                                                
Representative  Gara MOVED  to  ADOPT Amendment  2 (copy  on                                                                    
file):                                                                                                                          
                                                                                                                                
     Page 4, line 26:                                                                                                           
          Delete "made by June 30, 2017"                                                                                        
                                                                                                                                
Co-Chair Austerman OBJECTED for discussion.                                                                                     
                                                                                                                                
Representative Gara  described the amendment.  The amendment                                                                    
would allow students  to apply for a diploma at  any time if                                                                    
they  completed their  course requirements.  He did  not see                                                                    
any  reason   to  treat  people   who  completed   the  same                                                                    
coursework differently  due to  a diploma  request deadline.                                                                    
He suggested removing the cutoff date entirely.                                                                                 
                                                                                                                                
Representative  Wilson asked  if  there  was an  established                                                                    
period  of time  school  districts were  required to  retain                                                                    
their records.   She questioned  whether it was  the student                                                                    
or the  school district  that was responsible  for verifying                                                                    
graduation qualifications.                                                                                                      
                                                                                                                                
Commissioner   Hanley  answered   that   records  would   be                                                                    
available and  that districts would  be mailing  out notices                                                                    
to students who received their certificate of achievement.                                                                      
                                                                                                                                
Representative  Wilson asked  whether  a  high school  would                                                                    
have the  ability to verify  a student's eligibility  if the                                                                    
student requested a diploma at some point in the future.                                                                        
                                                                                                                                
Commissioner   Hanley  confirmed   that  records   would  be                                                                    
available.                                                                                                                      
                                                                                                                                
10:22:00 AM                                                                                                                   
Representative Edgmon asked the  commissioner to explain the                                                                    
counterpoint to having a deadline in place.                                                                                     
                                                                                                                                
Commissioner  Hanley  replied   that  the  deadline  allowed                                                                    
students  to  either  pass  the HSGQE  now  or  request  the                                                                    
issuance of their diploma within  three years. He didn't see                                                                    
the applicability  of someone making  a request at 30  or 40                                                                    
years of age.                                                                                                                   
                                                                                                                                
10:22:51 AM                                                                                                                   
                                                                                                                                
Co-Chair Stoltze disputed that  the amendment was a punitive                                                                    
measure. He  believed that people respond  well to deadlines                                                                    
and that they served as  good motivators. He emphasized that                                                                    
he wanted to make sure  kids get their diplomas, deadline or                                                                    
no deadline.  He had no objection to the amendment.                                                                             
                                                                                                                                
Co-Chair Austerman  WITHDREW his  OBJECTION. There  being NO                                                                    
further  OBJECTION,  it  was so  ordered.  Amendment  2  was                                                                    
ADOPTED.                                                                                                                        
                                                                                                                                
10:24:36 AM                                                                                                                   
                                                                                                                                
Co-Chair Austerman asked for any objections.                                                                                    
                                                                                                                                
Co-Chair Stoltze MOVED  to REPORT CSHB 220  (FIN) as amended                                                                    
out  of committee  with individual  recommendations and  the                                                                    
attached fiscal notes.                                                                                                          
                                                                                                                                
There  being NO  OBJECTION,  CSHB 220  was  REPORTED out  of                                                                    
committee with a  "do pass" recommendation and  with one new                                                                    
fiscal  impact note  from the  Department  of Education  and                                                                    
Early Development.                                                                                                              
                                                                                                                                

Document Name Date/Time Subjects
CSHJR 33 (JUD) Explanation of Changes.pdf HFIN 3/20/2014 8:30:00 AM
HJR 33
CSHJR 33 (JUD) Sectional Analysis.pdf HFIN 3/20/2014 8:30:00 AM
HJR 33
CSHJR 33 (JUD) Sponsor Statement.pdf HFIN 3/20/2014 8:30:00 AM
HJR 33
CSHJR 33 (JUD) Support Document~AK Judicial Council Historic Make Up.pdf HFIN 3/20/2014 8:30:00 AM
HJR 33
HJR 33 Document~Alaska Judicial Council Constitutional Duties.pdf HFIN 3/20/2014 8:30:00 AM
HJR 33
HJR 33 Document~Current Judicial Council Members.pdf HFIN 3/20/2014 8:30:00 AM
HJR 33
HJR 33 Document~Detailed Overview of Judicial Council Votes.pdf HFIN 3/20/2014 8:30:00 AM
HJR 33
HJR 33 Document~Judicial Council Voting Statistics.pdf HFIN 3/20/2014 8:30:00 AM
HJR 33
HJR 33 Document~Pie Chart on Judicial Council Votes.pdf HFIN 3/20/2014 8:30:00 AM
HJR 33
HJR 33 Document~Judicial Nomination Votes Over Time.pdf HFIN 3/20/2014 8:30:00 AM
HJR 33
HJR 33 Letters of Support-Opposition.pdf HFIN 3/20/2014 8:30:00 AM
HJR 33
HJR 33 Support Document~AK Constitution, Article IV.pdf HFIN 3/20/2014 8:30:00 AM
HJR 33
HJR 33 Support Document~AK Judicial Council Bylaws.pdf HFIN 3/20/2014 8:30:00 AM
HJR 33
HJR 33 Support Document~Attorney-Public Tie Votes.pdf HFIN 3/20/2014 8:30:00 AM
HJR 33
HJR 33 Support Document~Federalist Society, Judicial Selection in State High Courts Maps.pdf HFIN 3/20/2014 8:30:00 AM
HJR 33
HJR 33 Support Document~Historical Roster of AJC Members.pdf HFIN 3/20/2014 8:30:00 AM
HJR 33
HJR 18 2014 Statewide Elected Offices by State.pdf HFIN 3/20/2014 8:30:00 AM
HJR 18
HJR 18 AK Prpopsed Constitutional Amendments.pdf HFIN 3/20/2014 8:30:00 AM
HJR 18
HJR 18 AK Constitutional Convention Attorney General Highlights.pdf HFIN 3/20/2014 8:30:00 AM
HJR 18
HJR 18 Alaska Attorney General History.pdf HFIN 3/20/2014 8:30:00 AM
HJR 18
HJR 18 Current Governors and Attorneys General.pdf HFIN 3/20/2014 8:30:00 AM
HJR 18
HJR 18 History of Attorneys General of Alaska.pdf HFIN 3/20/2014 8:30:00 AM
HJR 18
HJR 18 How states have selected ag.pdf HFIN 3/20/2014 8:30:00 AM
HJR 18
HJR 18 Qualification to be attorney general.pdf HFIN 3/20/2014 8:30:00 AM
HJR 18
HJR 18 Removal of an Attorney General.pdf HFIN 3/20/2014 8:30:00 AM
HJR 18
HJR 18 Sponsor statement.pdf HFIN 3/20/2014 8:30:00 AM
HJR 18
HJR 18 Statute references.pdf HFIN 3/20/2014 8:30:00 AM
HJR 18
HB 220 DEED Response.pdf HFIN 3/20/2014 8:30:00 AM
HB 220
Testimony in Support HJR 33 Larry Wood.pdf HFIN 3/20/2014 8:30:00 AM
HJR 33
HB 220 Amendment 2 Gara.pdf HFIN 3/20/2014 8:30:00 AM
HB 220
Ak Jud Cncl HJR33 Info - Mar 20.pdf HFIN 3/20/2014 8:30:00 AM
HJR 33