Legislature(1995 - 1996)

04/27/1995 01:30 PM FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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                     HOUSE FINANCE COMMITTEE                                   
                         APRIL 27, 1995                                        
                            1:50 P.M.                                          
                                                                               
  TAPE HFC 95 - 103, Side 1, #000 - end.                                       
  TAPE HFC 95 - 103, Side 2, #000 - end.                                       
  TAPE HFC 95 - 104, Side 1, #000 - #525.                                      
                                                                               
  CALL TO ORDER                                                                
                                                                               
  Co-Chair  Mark  Hanley called  the  House Finance  Committee                 
  meeting to order at 1:50 P.M.                                                
                                                                               
  PRESENT                                                                      
                                                                               
  Co-Chair Hanley               Representative Kohring                         
  Co-Chair Foster               Representative Martin                          
  Representative Mulder         Representative Navarre                         
  Representative Brown          Representative Parnell                         
  Representative Grussendorf    Representative Therriault                      
  Representative Kelly                                                         
                                                                               
  ALSO PRESENT                                                                 
                                                                               
  Deborah  Behr, Regulations Attorney, Department of Law; Reed                 
  Stoops,  AJ  Associates,  Juneau;   Ron  Swanson,  Director,                 
  Division  of  Land,  Department of  Natural  Resources; Jeff                 
  Logan,  Staff  to  Representative  Joe  Green;   Bob  Evans,                 
  Representative for the Anchorage School District, Anchorage;                 
  Juanita  Hensley,   Chief,  Division   of  Motor   Vehicles,                 
  Department of Public Safety;  Duane Guiley, Director, School                 
  Finance, Department of Education.                                            
                                                                               
  SUMMARY                                                                      
                                                                               
  HB 57     An  Act   relating  to  driver's   licensing;  and                 
            providing for an effective date.                                   
                                                                               
            HB  57  was  reported out  of  Committee  with "no                 
            recommendation"  and  with a  fiscal  note  by the                 
            Department of Public Safety dated 3/10/95.                         
                                                                               
  HB 130    An Act relating to agency review of public comment                 
            on  the   adoption,  amendment,   and  repeal   of                 
            regulations;  relating  to   the  examination   of                 
            proposed regulations,  amendments of  regulations,                 
            and   orders   repealing   regulations    by   the                 
            Administrative Regulation Review Committee and the                 
            Department of Law; relating to the  submission to,                 
            and  acceptance  by,  the  lieutenant governor  of                 
                                                                               
                                1                                              
                                                                               
                                                                               
            proposed regulations,  amendments of  regulations,                 
            and  orders  repealing regulations;  and requiring                 
            agencies  to  make  certain determinations  before                 
            adopting regulations,  amendments of  regulations,                 
            or orders repealing regulations.                                   
                                                                               
            CS HB 130 (FIN) was reported out of Committee with                 
            a "do  pass" recommendation and with fiscal notes:                 
            (5)  by the  Office of  the  Governor; (1)  by the                 
            Department   of   Administration;   (1)   by   the                 
            Department  of  Law;  (1)  by  the  Department  of                 
            Education;  (2) by  the Department  of Health  and                 
            Social Services; (4) by the Department of Commerce                 
            and Economic Development; (1) by the Department of                 
            Natural Resources; (2) by  the Department of  Fish                 
            and Game; (1) by the  Department of Public Safety;                 
            (1) by  the Department  of Transportation;  (1) by                 
            the Department  of Revenue; (9)  by the Department                 
            of Environmental Conservation.                                     
                                                                               
  HB 172    An  Act  relating  to  kindergarten  programs  and                 
            compulsory education;  to identification  required                 
            upon  enrollment  in  a  public  school; to  those                 
            grades  that  constitute  elementary, junior,  and                 
            secondary school; and  providing for an  effective                 
            date.                                                              
                                                                               
            HB  172  was reported  out  of Committee  with "no                 
            recommendations" and  with a  zero fiscal note  by                 
            the Department of Education dated 4/18/95.                         
                                                                               
  HB 191    An Act relating to the  management and disposal of                 
            state  land  and  resources; relating  to  certain                 
            remote parcel  and homestead  entry land  purchase                 
            contracts  and  patents;  and  providing  for   an                 
            effective date.                                                    
                                                                               
            CS HB 191 (FIN) was reported out of Committee with                 
            a "do pass" recommendation and  with a fiscal note                 
            by the Department of Natural  Resources and a zero                 
            fiscal note  by the  Department of  Fish and  Game                 
            dated 4/10/95.                                                     
  HOUSE BILL 130                                                               
                                                                               
       "An Act relating  to agency review of public comment on                 
       the  adoption, amendment,  and  repeal of  regulations;                 
       relating  to the  examination of  proposed regulations,                 
       amendments   of   regulations,  and   orders  repealing                 
       regulations  by  the  Administrative Regulation  Review                 
       Committee and the  Department of  Law; relating to  the                 
       submission  to,  and  acceptance   by,  the  lieutenant                 
                                                                               
                                2                                              
                                                                               
                                                                               
       governor   of   proposed  regulations,   amendments  of                 
       regulations,  and  orders  repealing  regulations;  and                 
       requiring  agencies  to  make   certain  determinations                 
       before adopting regulations, amendments of regulations,                 
       or orders repealing regulations."                                       
                                                                               
  Representative Kelly MOVED to adopt Amendment  #1.  [Copy on                 
  file].  There being NO OBJECTION, it was adopted.                            
                                                                               
  Representative Kelly MOVED  to adopt Amendment #2.  [Copy on                 
  file].  Representative Kelly stated that the language of the                 
  amendment  would make  writing the  regulations more  clear.                 
  The being NO OBJECTION, it was adopted.                                      
                                                                               
  Representative Kelly MOVED to adopt  Amendment #3.  [Copy on                 
  file].  Representative  Kelly stated  that Amendment #3  was                 
  requested  by  the  Department  of  Law  and  would  add  an                 
  applicability provision.   There being NO OBJECTION,  it was                 
  adopted.                                                                     
                                                                               
  Representative Mulder MOVED to report CS HB 130 (FIN) out of                 
  Committee  with  individual  recommendations  and  with  the                 
  accompanying fiscal notes.   There  being NO OBJECTIONS,  it                 
  was so ordered.                                                              
                                                                               
  CS  HB 130  (FIN) was reported  out of Committee  with a "do                 
  pass" recommendation and with fiscal notes by the Department                 
  of Administration, the Office of the Governor, the Office of                 
  the Lt. Governor,  the Department of Law,  the Department of                 
  Education, the Department of Health and Social Services, the                 
  Department of  Natural Resources,  the Department  of Public                 
  Safety,  the   Department  of   Transportation  and   Public                 
  Facilities, the Department of Environmental Conservation and                 
  the Department of Commerce and Economic Development.                         
  HOUSE BILL 191                                                               
                                                                               
       "An  Act  relating to  the  management and  disposal of                 
       state land  and resources; relating  to certain  remote                 
       parcel and homestead entry  land purchase contracts and                 
       patents; and providing for an effective date."                          
                                                                               
  Representative  Therriault  explained  that  HB  191  was  a                 
  housekeeping  measure intended to  clarify certain  Title 38                 
  statutes governing the Department of Natural Resources (DNR)                 
  management of State land and resources.  HB 191 was intended                 
  to bring greater efficiency to the management of state lands                 
  without   sacrificing  public   involvement   in  land   use                 
  decisions.                                                                   
                                                                               
  He concluded that the bill was not intended to be a complete                 
  rewrite of Title 38,  pointing out that it was  supported by                 
                                                                               
                                3                                              
                                                                               
                                                                               
  the  Administration  in anticipation  of  streamlining state                 
  government.                                                                  
                                                                               
  Representative  Therriault MOVED  to  adopt work  draft  #9-                 
  LS0766\M,  Luckhaupt, 4/25/95,  as  the  version before  the                 
  Committee.  There being NO OBJECTION, it was adopted.                        
                                                                               
  RON  SWANSON, DIRECTOR,  DIVISION  OF  LAND,  DEPARTMENT  OF                 
  NATURAL   RESOURCES,  provided   the  Committee   members  a                 
  sectional analysis of the legislation.                                       
                                                                               
  Representative Brown asked for  further clarification of the                 
  agricultural disposal  section.   Mr.  Swanson replied  that                 
  Section  #21  addresses preference  rights and  provides the                 
  Department discretion  to review the qualifications of those                 
  bidding.  Section  #22 would change  the terminology of  the                 
  approximate vicinity.                                                        
                                                                               
  Representative Therriault  noted that  it was  his intention                 
  that  when  dealing with  the  Department regarding  sale or                 
  utilization of  State land,  the State  should receive  fair                 
  market value  of leasing  and sales.   Representative  Brown                 
  agreed with  Representative  Therriault's  intention.    She                 
  asked if the  legislation would  address the conditions  and                 
  requirements attached to the agricultural disposal.                          
                                                                               
  Mr.  Swanson explained that those conditions would be a part                 
  of that program.  The initial  portion of the lease requires                 
  a  development  plan.     Representative  Brown  asked   the                 
  Department's  current plans  for the  agricultural disposal.                 
  Mr.  Swanson  advised that  the  Division of  Agriculture is                 
  currently in charge of those parcels and that a small amount                 
  of disposals continue to occur each year.                                    
                                                                               
  Representative Grussendorf asked if the work draft contained                 
  language  which  could  create management  problems  for the                 
  Department.  Mr.  Swanson advised  that the legislation  had                 
  been worked  on for several  months and that  the Department                 
  was satisfied with the result.                                               
                                                                               
  Co-Chair Hanley asked  if the set  net lease costs would  be                 
  substantially increased.   Mr. Swanson noted that  currently                 
  only the  administrative costs  would be  recuperated.   The                 
  leases  range from $150-$300 per year  depending on when the                 
  lease was issued.   Set net sites in the Cook  Inlet average                 
  selling price would be $24 thousand  dollars.  He noted that                 
  the permit  could not  be sold  without the  lease and  that                 
  amount should  include the  total combined  cost.   Co-Chair                 
  Hanley  disagreed  explaining  that  depending on  the  site                 
  location,  a person  would  pay much  more  than the  amount                 
  suggested by Mr.  Swanson.  Mr.  Swanson agreed it would  be                 
  site specific.                                                               
                                                                               
                                4                                              
                                                                               
                                                                               
  Representative  Therriault  reminded Committee  members that                 
  those people were using State land for economic benefit.  He                 
  pointed out that in Statute a cap existed limiting the value                 
  to $300 dollars.                                                             
                                                                               
  Co-Chair  Hanley  pointed out  "may"  had been  used  in the                 
  legislation.   Currently, one  does not  need a  lease.   He                 
  asked if everyone would be charged for tideland use or would                 
  they not apply for  a lease. Mr. Swanson replied  that there                 
  are currently  two thousand set  net licenses issued.   When                 
  the  Department goes to  "fair market value",  some of those                 
  will not continue their lease.  Although, with the increased                 
  permit cost, income brought to the State will triple.                        
                                                                               
  Representative  Brown questioned the  impact of  Section #29                 
  which deals with post mining location corners.  She asked if                 
  that section would allow someone to stake a new mining claim                 
  on the surface of land which is already owned.   Mr. Swanson                 
  responded, Section #29  would reserve the mineral  estate as                 
  required by law  to the  State which would  allow anyone  to                 
  come in  and stake  whatever  mineral interests  exist.   If                 
  there is any discovery or  development, compensation must be                 
  made to the surface owner.                                                   
                                                                               
  Representative Brown thought that Section  #29 was worded so                 
  as to  allow a  person to  stake land  prior to getting  the                 
  surface owners  involved.   She thought  the language  would                 
  establish a mining  conflict between the land  owner and the                 
  State.  Mr. Swanson agreed, although, he noted that once the                 
  earth  is  being  turned over,  a  bond  must  be posted  or                 
  compensation must be made to the surface owner.                              
                                                                               
  Mr. Swanson  explained that  Section #29,  specifies that  a                 
  bond must be  posted when  the earth is  turned except  when                 
  going in and posting  the corners.   That would be the  only                 
  case when a bond would not need to be posted.                                
                                                                               
  Representative  Brown  asked  how  private  surface  parcels                 
  currently  are  staked.   Mr.  Swanson noted  that  on State                 
  disposal land, a variety of possibilities exist.  If it were                 
  a small  subdivision, it  would be  closed to  mineral entry                 
  prior to the sale of the subdivision.                                        
                                                                               
  Representative Brown asked how that would be affected by the                 
  change offered  in Section  #31.   Mr. Swanson  acknowledged                 
  that current language  would close it  to mining but not  to                 
  mineral   location.      Those   gaps   would   be   closed.                 
  Representative Brown inquired in passage  of the bill, would                 
  any current land parcels  be affecting someone's  residence.                 
  Mr. Swanson commented  that any small size  surface disposal                 
  done by the State  would be closed after the  mineral entry.                 
                                                                               
                                5                                              
                                                                               
                                                                               
  A conflict  could be  created within municipalities  because                 
  they are left  open at their request due to mineral entry.                   
                                                                               
  Representative  Brown asked  if  the provision  contained in                 
  Section #29  would be available also to municipalities.  Mr.                 
  Swanson noted that they would be because the land originally                 
  came from the  State who  reserves those subsurface  rights.                 
  The State controls what happens beneath the ground.                          
                                                                               
  Representative Brown asked what mechanism would be available                 
  to the surface  owner to  prevent staking of  the claims  on                 
  their land.  Mr.  Swanson explained that there would  be two                 
  methods:                                                                     
                                                                               
       1.   Request that  the State  close it to  mineral                      
            entry;                                                             
       2.   File their own mining claim.                                       
                                                                               
  Discussion  followed  between Representative  Brown  and Mr.                 
  Swanson regarding the value of the surface being affected by                 
  a  mining  claim  and  the  surface  versus  the  subsurface                 
  bonding.    Representative  Therriault  reiterated that  the                 
  legislation would allow the State to protect it's subsurface                 
  rights.  Representative Brown thought that Section #29 could                 
  establish a situation  of conflict and could  cause problems                 
  for those who have acquired service.   Under current law, if                 
  someone wanted to do  that, they would need to  negotiate in                 
  advance  the  compensation.    She  understood that  in  the                 
  language of the bill, once  the staking rights had occurred,                 
  the rights  would then  exist.   Representative Brown  noted                 
  that the surface  owner would be  in a weakened position  to                 
  receive    fair    compensation    for    their    property.                 
  Representative Therriault  pointed out that the  State would                 
  close the rights before the surface title was transferred.                   
                                                                               
  (Tape Change HFC 95-103, Side 2).                                            
                                                                               
  Representative Brown asked if it would  be a problem for the                 
  Department  if  Section  #29  was   changed.    Mr.  Swanson                 
  responded that Section #29 was  requested by the Department,                 
  although, pointed  out that  there was  currently a  Supreme                 
  Court decision which negates the premise of Section #29.                     
                                                                               
  Representative Therriault provided Committee members with  a                 
  memorandum  response to  that Superior  Court decision  from                 
  Kerwin  Krause,  Mineral  Property  Manager,  Department  of                 
  Natural Resources.  [Attachment #1].   Mr. Swanson explained                 
  why  Section  #29  would  be more  beneficial  to  the State                 
  stating that  if a higher subsurface value  exists, then the                 
  surface  being used  for should  be discovered.   He advised                 
  that concern  exists by  private land  owners being  able to                 
  control what happens to the State's subsurface.                              
                                                                               
                                6                                              
                                                                               
                                                                               
  Representative Brown  agreed  with  Mr.  Swanson,  although,                 
  noted concern of staking by private parties on private lands                 
  without the State's knowledge, involvement  or control.  Mr.                 
  Swanson advised that the State would know, as claims legally                 
  have to  be posted.  He  did not think inclusion  of Section                 
                                                                               
  Mr. Swanson instructed  that the provision would  not change                 
  people posting  "nuisance" mining  claims.   The State  will                 
  determine if the claim is valid.  Representative Brown asked                 
  whose responsibility would it be for the private land owner,                 
  who had  a "nuisance"  mining  claim on  their property,  to                 
  execute the law and the decision.   Mr. Swanson replied that                 
  it  would be  the  State's responsibility  to  respond to  a                 
  nuisance mining  claim regardless  of who  the property  was                 
  registered to.                                                               
                                                                               
  Representative Brown questioned  how many "nuisance"  claims                 
  had been eliminated resulting from action of the Department.                 
  Mr. Swanson  did  not know,  although pointed  out that  the                 
  number  of  "nuisance" claims  have  been decreasing  due to                 
  filing procedures.                                                           
                                                                               
  Representative  Therriault  referenced  Section  #32 of  the                 
  legislation.    Mr. Swanson  explained  the changes  to that                 
  section.  The intent of that section makes State interest in                 
  line with  that of  the federal  government.  Currently,  an                 
  alien  from  a country  with  "like privileges"  can receive                 
  authority to  stake  claims.   That privilege  has not  been                 
  exercised thus  the inclusion  of that  language in  Section                 
                                                                               
  Representative Brown asked  if provisions were  contained in                 
  the  legislation which would affect the  oil and gas leasing                 
  program.   Mr. Swanson stated that Section #30 contained one                 
  provision which  would affect  oil and  gas by removing  the                 
  requirement that the director of that division be bonded.                    
                                                                               
  Representative Brown  inquired if policy changes  existed in                 
  the proposed legislation.  Mr. Swanson commented that policy                 
  changes would be  made to land disposals  placing them under                 
  fair  market value  consideration rather  than  "give away".                 
  Representative Therriault  added that Section  #51 addresses                 
  railroad and utility realignment.                                            
                                                                               
  Representative  Brown  questioned  the status  of  land  and                 
  resources previously disposed  of before 1982.   Mr. Swanson                 
  referenced two provisions; first, Section #52 which provides                 
  a savings cost to the Department for home site permits.  The                 
  other provision deals  with remote parcels and  the way they                 
  are issued.  Representative Brown disclosed that she was the                 
                                                                               
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  owner of a  remote parcel  which could be  affected by  that                 
  provision.   Discussion followed regarding  the restrictions                 
  currently in law which reduce fair market value by 50%.                      
                                                                               
  REED STOOPS, AJ ASSOCIATES,  JUNEAU, testified in opposition                 
  to Section  #29.   He explained  that Section  #29 had  been                 
  included  in  the bill  resulting from  a recent  court case                 
  regarding a mining claim  located on private land.   In that                 
  case, the judge  ruled that in  order to do prospecting  and                 
  file a mining  location on land which has been conveyed to a                 
  private individual and not closed to private entry, it would                 
  be the obligation  of the person filing  the claim to go  to                 
  the  land owner for consent or  to the Department and file a                 
  bond to compensate for damages which might be done.                          
                                                                               
  He  continued,  Section #29  would  change that  decision by                 
  providing the person filing the claim permission to enter on                 
  private property without  the permission  of the land  owner                 
  and without  the permission  of  DNR to  file a  claim.   He                 
  emphasized  that it  would  not make  sense  for someone  to                 
  trespass on private  property without the permission  of the                 
  landowner.    The current  decision  has been  filed  in the                 
  Supreme Court, placing the  land owner in conflict with  the                 
  mining  claimant.    Mr.  Stoops   noted  that  the  factual                 
  information provided in Attachment #1 was incorrect.                         
                                                                               
  Representative Therriault  advised that there  are currently                 
  techniques being developed  to look into the ground in order                 
  to find  mineral deposits without  drilling or digging.   He                 
  asked  if there was  an alternative  to by-passing  the land                 
  owner,  and going  directly to DNR  to receive  approval and                 
  posting for bond.  Mr. Stoops  noted that under current law,                 
  the miner  is allowed  to go  to the  Department and  file a                 
  bond.                                                                        
                                                                               
  Mr.  Swanson  spoke   against  posting  of  bonds   for  the                 
  aeromagnetic investigation activity.  Mr. Stoops  noted that                 
  there exists a question  if aeromagnetic investigation would                 
  be  sufficient to constitute  a "discovery".   He added, two                 
  different  circumstances are  at stake,  private and  public                 
  lands.    Representative Therriault  noted  that since  this                 
  section was controversial and that  there currently exists a                 
  court case, he would not object to removing the Section #29.                 
                                                                               
  Representative Brown  MOVED to  delete Section  #29.   There                 
  being NO OBJECTION, it was adopted.                                          
                                                                               
  Representative Therriault MOVED  to report  CS HB 191  (FIN)                 
  out of Committee  with individual  recommendations and  with                 
  the accompanying fiscal notes.  There being NO OBJECTION, it                 
  was so ordered.                                                              
                                                                               
                                                                               
                                8                                              
                                                                               
                                                                               
  CS HB 191  (FIN) was reported  out of  Committee with a  "do                 
  pass"  recommendation  and   with  a  fiscal  note   by  the                 
  Department  of Natural Resources  and a zero  fiscal note by                 
  the Department of Fish and Game dated 4/10/95.                               
  HOUSE BILL 57                                                                
                                                                               
       "An Act relating to  driver's licensing; and  providing                 
       for an effective date."                                                 
                                                                               
  JEFF LOGAN, STAFF TO REPRESENTATIVE  JOE GREEN, testified in                 
  support of HB 57  which would establish new rules  for young                 
  drivers.    He stated  that  due  to the  high  incidence of                 
  accidents,  injury  and death  among  teenage  drivers, many                 
  states and  other political  jurisdictions are changing  the                 
  rules which grant teenagers the "license" to drive.                          
                                                                               
  He  added  that  language  in   HB  57  establishes  certain                 
  conditions  during  the  provisional   stage  which  include                 
  restrictions  on  nighttime driving  so  that driving  takes                 
  place in less dangerous circumstances.  Mr. Logan added that                 
  HB 57 was designed to allow  the Department of Public Safety                 
  (DPS) to  take advantage  of new  federal  legislation.   He                 
  stated that  passage of the  legislation would help  to stop                 
  the teenage carnage on highways.                                             
                                                                               
  (Tape Change HFC 95-104, Side 1).                                            
                                                                               
  Mr.  Logan  provided a  sectional  analysis of  the proposed                 
  legislation.                                                                 
                                                                               
  Co-Chair Foster voiced  concern on how well  the legislation                 
  would work in the village areas.                                             
                                                                               
  JUANITA  HENSLEY,   CHIEF,  DIVISION   OF  MOTOR   VEHICLES,                 
  DEPARTMENT  OF  PUBLIC  SAFETY, stated  that  the Department                 
  issues statewide a restricted license (off-systems license).                 
  Currently,  if  an  individual fifteen  (15)  years  old was                 
  driving, they would be required to have a driving permit and                 
  to be driving with  someone over nineteen (19) years  of age                 
  and who had been licensed at least one year.  The bill would                 
  not change that  language.  She continued  that licenses are                 
  issued in village offices, and are  restricted in order that                 
  those people can drive specifically  in those village areas.                 
  Co-Chair  Foster  reiterated that  it  was difficult  to get                 
  licenses  in   the  village  areas,   indicating  that   the                 
  legislation would make that process more difficult.                          
                                                                               
  Ms. Hensley emphasized that the  legislation was proposed to                 
  save young adult lives.   The graduated license system  does                 
  not  require an  individual  to have  any  type of  learning                 
  driving experience.  Young adults in Alaska learn driving by                 
                                                                               
                                9                                              
                                                                               
                                                                               
  "trial  and  error".   She  pointed  out  that  there is  no                 
  driver's education available  in the school system  and that                 
  28% of youth are involved in crashes.                                        
                                                                               
  Ms. Hensley advised that Alaska applied through the National                 
  Highway Safety administration for a grant to help offset any                 
  costs for implementation of the program.   She added that if                 
  the legislation  was passed,  the Department  will show  how                 
  well the program works.                                                      
                                                                               
  Representative Brown  questioned the  restrictions on  young                 
  adult  drivers  between  the  hours  of  1 a.m.  to  5  a.m.                 
  Representative Parnell thought the primary factor of concern                 
  was safety and noted that time of night was a dangerous time                 
  to be driving  noting that  most crashes occur  in the  late                 
  hours  of  the night.    Representative Navarre  thought the                 
  legislation would create a financial  burden on young adults                 
  in requiring  them to  pay an  additional $10  dollars.   He                 
  recommended adding  Driver's Education  classes to  the high                 
  school students curriculum.                                                  
                                                                               
  Representative  Therriault   asked  if   other  states   had                 
  incorporated this restriction.   Ms. Hensley noted  that the                 
  National  Highway  Safety  Administration  has  made  grants                 
  available to two states,  California and Maryland.   Both of                 
  those states  have reported a  5% reduction  in crashes  for                 
  drivers between the ages of 15 - 17 years old.                               
                                                                               
  Representative  Parnell  inquired  about  the  $10  thousand                 
  dollar  fiscal request for  the computer work  station.  Ms.                 
  Hensley stated that the cost would include an entire station                 
  with desk, work  and computer  table, chair, and  everything                 
  else needed to set-up a work space for one individual.                       
                                                                               
  Representative Brown  asked if  the provisions  in the  bill                 
  were tied to  the federal requirements.  Ms.  Hensley stated                 
  that  the only  provisions required  would be  the  hours of                 
  curfew and the age of the licensed driver who must accompany                 
  the  instructed young adult.   She emphasized  that this was                 
  not a federal law, it was a grant.                                           
                                                                               
  Representative  Parnell  MOVED  to  report   HB  57  out  of                 
  Committee  with  individual  recommendations  and  with  the                 
  accompanying fiscal note.  There being NO OBJECTION,  it was                 
  so ordered.                                                                  
                                                                               
  HB   57  was   reported  out   of  Committee   with  a   "no                 
  recommendation" and with a fiscal note by  the Department of                 
  Public Safety dated 3/10/95.                                                 
  HOUSE BILL 172                                                               
                                                                               
                                                                               
                               10                                              
                                                                               
                                                                               
       "An   Act   relating  to   kindergarten   programs  and                 
       compulsory education; to  identification required  upon                 
       enrollment in  a public  school; to  those grades  that                 
       constitute  elementary,  junior, and  secondary school;                 
       and providing for an effective date."                                   
                                                                               
  BOB EVANS, REPRESENTATIVE FOR THE ANCHORAGE SCHOOL DISTRICT,                 
  ANCHORAGE,  spoke  in  support  of  HB  172.   The  proposed                 
  legislation  would add a new statute that anyone enrolling a                 
  child in a  public school shall, not more than 30 days after                 
  enrollment,  provide to  the  public school  a  copy of  the                 
  child's  birth  certificate or  other  proof of  the child's                 
  identity if the child has not  previously been enrolled in a                 
  public school.  He added that enacting the legislation would                 
  add middle school to the  definition of secondary school and                 
  would allow for the sixth grade to  be included as a part of                 
  junior high or middle school.                                                
                                                                               
  Representative Parnell asked  if money would be added to the                 
  foundation  formula  in   order  to  execute   the  proposed                 
  legislation.  Mr. Evans noted that costs  would not increase                 
  in any way.                                                                  
                                                                               
  Representative Martin asked if the legislation would make it                 
  mandatory for the  school districts.   Mr. Evans  understood                 
  that  the  bill  would  provide   the  school  districts  to                 
  incorporate kindergarten as part of  the program.  Although,                 
  he added that  it would  not mandate that  all schools  must                 
  have one.  Representative Parnell  pointed out that the bill                 
  indicates that each school district shall offer kindergarten                 
  services.                                                                    
                                                                               
  DUANE  GUILEY,  DIRECTOR,   SCHOOL  FINANCE,  DEPARTMENT  OF                 
  EDUCATION,  responded  to   Representative  Terry   Martin's                 
  concern  on increased  costs  to the  school districts.   He                 
  stated that based on the analysis provided by the Department                 
  of  Education,  the bill  would  carry a  zero  fiscal note.                 
  There would be no  increased costs to the State based on the                 
  passage  of  the  legislation.   No  new  children  would be                 
  required to attend  public schools and  it does not  mandate                 
  each school district to offer kindergarten services.                         
                                                                               
  Mr.  Guiley  pointed out  currently  State statute  does not                 
  speak to  a minimum  day for  kindergarten.   The bill  will                 
  establish in statute  the minimum  day for kindergarten  and                 
  would  clear  up  any ambiguity  although  does  not require                 
  kindergarten where it does not already exist.                                
                                                                               
  Representative  Mulder  MOVED  to  report   HB  172  out  of                 
  Committee  with  individual  recommendations  and  with  the                 
  accompanying fiscal note.  There  being NO OBJECTION, it was                 
  so ordered.                                                                  
                                                                               
                               11                                              
                                                                               
                                                                               
  HB  172   was  reported   out  of   Committee  with   a  "no                 
  recommendation" and with a fiscal note by  the Department of                 
  Education dated 4/18/95.                                                     
  ADJOURNMENT                                                                  
                                                                               
  The meeting adjourned at 3:35 P.M.                                           
                                                                               
                                                                               
                               12                                              

Document Name Date/Time Subjects