Legislature(2019 - 2020)ADAMS 519

03/13/2020 01:30 PM FINANCE

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Heard & Held
-- Public Testimony --
Heard & Held
Heard & Held
                  HOUSE FINANCE COMMITTEE                                                                                       
                      March 13, 2020                                                                                            
                         1:34 p.m.                                                                                              
1:34:15 PM                                                                                                                    
CALL TO ORDER                                                                                                                 
Co-Chair  Johnston   called  the  House   Finance  Committee                                                                    
meeting to order at 1:34 p.m.                                                                                                   
MEMBERS PRESENT                                                                                                               
Representative Neal Foster, Co-Chair                                                                                            
Representative Jennifer Johnston, Co-Chair                                                                                      
Representative Dan Ortiz, Vice-Chair                                                                                            
Representative Ben Carpenter                                                                                                    
Representative Andy Josephson                                                                                                   
Representative Gary Knopp                                                                                                       
Representative Bart LeBon                                                                                                       
Representative Kelly Merrick                                                                                                    
Representative Colleen Sullivan-Leonard                                                                                         
Representative Cathy Tilton                                                                                                     
Representative Adam Wool                                                                                                        
MEMBERS ABSENT                                                                                                                
ALSO PRESENT                                                                                                                  
Matt   Gruening,   Staff,  Representative   Louise   Stutes;                                                                    
Representative   Jonathan  Kreiss-Tompkins,   Sponsor;  Erin                                                                    
Harrington, Staff, Representative Jonathan Kreiss-Tompkins.                                                                     
PRESENT VIA TELECONFERENCE                                                                                                    
Dale   Kelly,  Commissioner,   Commercial  Fisheries   Entry                                                                    
Commission;  Joanne  Olsen,   Director,  Division  of  Motor                                                                    
Vehicles;  Robert  Pearson,   Local  Government  Specialist,                                                                    
Division of  Community and  Regional Affairs,  Department of                                                                    
Commerce,   Community,  and   Economic  Development;   Laura                                                                    
Bonner, Self, Anchorage.                                                                                                        
HB 24     LIMITED TEACHER CERTIFICATES; LANGUAGES                                                                               
          HB 24 was HEARD and HELD in committee for further                                                                     
HB 185    REGISTRATION OF BOATS: EXEMPTION                                                                                      
          HB 185 was HEARD and HELD in committee for                                                                            
          further consideration.                                                                                                
HJR 15    CONST. AM: VOTES NEEDED FOR VETO OVERRIDE                                                                             
          HJR 15 was HEARD and HELD in committee for                                                                            
          further consideration.                                                                                                
Co-Chair Johnston reviewed the agenda for the meeting.                                                                          
HOUSE BILL NO. 185                                                                                                            
     "An Act relating to the registration of commercial                                                                         
     vessels; and providing for an effective date."                                                                             
1:35:04 PM                                                                                                                    
Co-Chair Johnston  asked for a  brief reintroduction  of the                                                                    
1:35:26 PM                                                                                                                    
MATT   GRUENING,   STAFF,  REPRESENTATIVE   LOUISE   STUTES,                                                                    
explained  that  the   bill  exempted  currently  registered                                                                    
Commercial  Fisheries Entry  Commission (CFEC)  vessels from                                                                    
the 3-year  registration requirement  created in  2018 under                                                                    
SB   92   [Short    Title:   Vessels:   Registration/Titles;                                                                    
Derelicts] from  the requirement  to register every  3 years                                                                    
with the Department  of Motor Vehicles (DMV).  The bill also                                                                    
allowed for the  implementation of an annual $8  fee in lieu                                                                    
of the 3-year, $24  registration. Commercial fishermen would                                                                    
still pay  towards the  fund and  the Department  of Natural                                                                    
Resources (DNR)  Boating Safety  Program. He  explained that                                                                    
after the first year it would be  a net loss to the state of                                                                    
zero. There were 2 new  fiscal notes in members  packets. He                                                                    
reiterated  that  the  legislation removed  the  duplicative                                                                    
registration   requirement  on   commercial  vessels.   They                                                                    
provided the  same data regarding vessel  ownership required                                                                    
through SB 92 through their CFEC registration.                                                                                  
1:36:37 PM                                                                                                                    
Vice-Chair Ortiz MOVED to ADOPT Amendment 1 (copy on file):                                                                     
     Page 2, following line 26:                                                                                                 
          Insert a new bill section to read:                                                                                    
          "* Sec. 4. The uncodified law of the State of                                                                         
          Alaska is amended by adding a new section to                                                                          
          TRANSITION. The Alaska  Commercial Fisheries Entry                                                                    
          Commission  shall  waive  the  commercial  fishing                                                                    
          vessel registration  fee imposed  under sec.  3 of                                                                    
          this Act for                                                                                                          
               (1)  calendar  year  2021  for  a  commercial                                                                    
               fishing  vessel for  which registration  fees                                                                    
               were  paid in  calendar  year  2019 under  AS                                                                    
               (1)  calendar  year  2021  for  a  commercial                                                                    
               fishing  vessel for  which registration  fees                                                                    
               were  paid in  calendar  year  2019 under  AS                                                                    
     Renumber the following bill sections accordingly.                                                                          
     Page 2, line 31:                                                                                                           
          Delete "sec. 5"                                                                                                       
          Insert "sec. 6"                                                                                                       
Co-Chair Johnston OBJECTED for discussion.                                                                                      
Vice-Chair  Ortiz explained  that Amendment  1 ensured  that                                                                    
the  CFEC  licensed  vessels exempt  from  DMV  registration                                                                    
under  the   bill  would  not   be  charged  twice   as  the                                                                    
legislation  transitioned  into  law. He  further  explained                                                                    
that  Section 3  of the  bill  instituted an  annual $8  fee                                                                    
starting January  1, 2021 for  all CFEC licensed  vessels in                                                                    
lieu of the  current 3-year, $24 fee with  the DMV. However,                                                                    
CFEC licensed vessels  that registered with the  DMV in 2019                                                                    
and 2020 had already paid  a 3-year registration fee of $24.                                                                    
Because vessels  had already paid, Amendment  1 directed the                                                                    
CFEC to waive the $8 fee  for the calendar year 2021 for the                                                                    
vessels  that paid  the  $24  to the  DMV  in  2019 for  the                                                                    
calendar years  of 2021  and 2020 and  for the  vessels that                                                                    
paid the  $24 fee  in 2020. Amendment  1 would  ensure there                                                                    
would  not be  a duplication  of payments  by CFEC  licensed                                                                    
1:38:14 PM                                                                                                                    
Representative Knopp asked if  the bill sponsors had weighed                                                                    
in on the amendment and supported it.                                                                                           
Vice-Chair  Ortiz was  offering the  amendment on  behalf of                                                                    
the bill sponsor.                                                                                                               
1:38:31 PM                                                                                                                    
Representative  Wool  asked  about  a  brand-new  commercial                                                                    
fishing boat and wondered if the $8 fee would be waived.                                                                        
Vice-Chair Ortiz responded that  the amendment did not apply                                                                    
to new  vessels. The bill  only applied to vessels  that had                                                                    
pre-paid in the years of 2019 or 2020.                                                                                          
Co-Chair Johnston WITHDREW her OBJECTION.                                                                                       
There being NO OBJECTION, Amendment 1 was ADOPTED.                                                                              
Co-Chair Johnston noted  there were 2 new  fiscal notes. She                                                                    
invited someone from CFEC to review them.                                                                                       
1:39:51 PM                                                                                                                    
DALE   KELLY,  COMMISSIONER,   COMMERCIAL  FISHERIES   ENTRY                                                                    
COMMISISON  (via teleconference),  relayed  that the  fiscal                                                                    
note  [OMB  Component  #471]  had   been  amended  from  the                                                                    
previous version, which  was zero, and had  no indication of                                                                    
changes in revenue.  The commission had been  directed as to                                                                    
how to  properly convey the  information. She  reported that                                                                    
the  fund  would  be  a pass-through  fund  similar  to  the                                                                    
Fishermen's  Fund. The  commission would  collect the  funds                                                                    
and  move them  to another  pot  of money.  The fiscal  note                                                                    
reflected  what the  commission expected  to take  in for  a                                                                    
portion of  FY 21 beginning on  January 1, 2021 if  the bill                                                                    
were  to pass.  The commission  anticipated receiving  about                                                                    
$70,000  per year  from the  program. She  indicated it  was                                                                    
difficult  to insert  a finite  number because  there was  a                                                                    
random  number  of  vessels that  licensed  each  year.  She                                                                    
reported that  in the previous year  the commission licensed                                                                    
8,806 vessels. However, the recent  5-year average was about                                                                    
9,200. An  adjustment might  have to be  made to  the fiscal                                                                    
note with the amendment that just passed.                                                                                       
1:41:45 PM                                                                                                                    
JOANNE  OLSEN, DIRECTOR,  DIVISION  OF  MOTOR VEHICLES  (via                                                                    
teleconference), reviewed the fiscal  note by the Department                                                                    
of  Administration. She  reported  that  the Division  would                                                                    
experience a  deficit of $21,500 because  the division would                                                                    
no  longer  be  collecting the  registration.  The  division                                                                    
wrote the fiscal  note based on a 3-year average  of what it                                                                    
collected. However, an annual  amount would apply. Annually,                                                                    
the  DMV  collected  $12,082.67  based  on  the  number  the                                                                    
division  took in  in 2019.  For the  following 2  years the                                                                    
division would not collect any money.                                                                                           
Co-Chair  Johnston  intended  to  move the  bill  on  Monday                                                                    
[March 16, 2021].                                                                                                               
HB  185  was  HEARD  and   HELD  in  committee  for  further                                                                    
HOUSE BILL NO. 24                                                                                                             
     "An Act relating to instruction in a language other                                                                        
     than English; and relating to limited teacher                                                                              
1:43:00 PM                                                                                                                    
REPRESENTATIVE  JONATHAN KREISS-TOMPKINS,  SPONSOR, provided                                                                    
a brief  reintroduction of the  bill. The bill  would create                                                                    
an immersion  language certificate to help  address the need                                                                    
and documented  problems in  school districts  around Alaska                                                                    
in  terms  of  getting   fluent  speakers  of  languages  in                                                                    
classrooms for immersion language programs.                                                                                     
Representative Josephson  MOVED to  ADOPT Amendment  1 (copy                                                                    
on file):                                                                                                                       
     Page 1, line I 1, following "English":                                                                                     
     Insert "and the instruction is provided only to                                                                            
     students who are enrolled in a language immersion                                                                          
Representative Wool OBJECTED.                                                                                                   
Representative Wool  spoke to his  objection. He  had talked                                                                    
with the bill sponsor, the  amendment sponsor, and his local                                                                    
school district.  The bill sponsor  just mentioned  that one                                                                    
of the purposes of the  bill was to provide foreign language                                                                    
teachers in immersion programs  around Alaska. However, most                                                                    
of  the immersion  programs were  in  Anchorage. There  were                                                                    
seven immersion  programs in Anchorage, one  in Wasilla, and                                                                    
one in Bethel.  There were no immersion  programs in Juneau,                                                                    
Ketchikan, Fairbanks, or  Nome. He had talked  to his school                                                                    
district in  the previous year  when he first saw  the bill,                                                                    
which  was in  a different  form than  it was  presently. In                                                                    
discussions  in the  prior year  and recently,  school board                                                                    
members  supported the  bill, as  it was  difficult to  find                                                                    
foreign  language  teachers.  He   noted  his  daughter  was                                                                    
currently  in middle  school which  had no  foreign language                                                                    
classes. He also noted the  difficulty the local high school                                                                    
had in  finding and retaining foreign  language teachers. He                                                                    
thought  the  bill provided  a  good  opportunity to  expand                                                                    
foreign language beyond the  immersion programs that existed                                                                    
mainly  in Southcentral  Alaska.  He  opposed the  amendment                                                                    
because it was limited  to immersion programs. Fairbanks was                                                                    
the second or third largest  community in Alaska and did not                                                                    
currently  have an  immersion program.  He did  not want  to                                                                    
exclude his school district from the legislation.                                                                               
1:45:53 PM                                                                                                                    
Representative Josephson  explained the amendment.  The bill                                                                    
was  essentially about  immersion programs.  There had  been                                                                    
concern  expressed   by  several  of  the   members  of  the                                                                    
committee about  the necessity  and intent  of the  bill. He                                                                    
found,  through research  and review,  the bill  was worthy.                                                                    
However,  the  bill  was about  limited  language  immersion                                                                    
programs. His  amendment would clarify  that holders  of the                                                                    
new limited  language immersion teachers'  certificate could                                                                    
only  teach  in  immersion  programs.   They  would  not  be                                                                    
allowed, for  example, to teach  in an immersion  program in                                                                    
the morning  and teach standard foreign  language classes or                                                                    
English  as   a  second  language  in   the  afternoon.  The                                                                    
amendment  reflected the  intent  of the  bill expressed  in                                                                    
testimony  to  the  finance  committee.  His  amendment  was                                                                    
intended to be  friendly. It was his  understanding that the                                                                    
bill sponsor was neutral in his position on the amendment.                                                                      
Representative Josephson  continued that  the goal  of HB 24                                                                    
was to  address the  need to  hire native  language speakers                                                                    
and foreign  citizens or recent immigrants  to teach subject                                                                    
matter  classes in  indigenous or  foreign languages  within                                                                    
immersion  programs. The  teachers  might  have less  formal                                                                    
education  than required  of other  classroom teachers  but,                                                                    
they were  essential to the survival  of immersion programs.                                                                    
He  accepted that  waiving  the  standard classroom  teacher                                                                    
qualifications was  necessary as he had  described. However,                                                                    
the legislation  was not intended  to allow  regular foreign                                                                    
language classes  to be  taught by  individuals who  did not                                                                    
meet requirements  for either a  Type M  limited certificate                                                                    
or  what used  to be  called a  Type A  certificate (It  was                                                                    
currently  called something  else). His  amendment made  the                                                                    
distinction clear. He asked members for their support.                                                                          
1:47:57 PM                                                                                                                    
Co-Chair  Foster  was  attracted  to  the  bill  because  of                                                                    
language  revitalization  and how  it  could  be applied  in                                                                    
rural Alaska. He  saw the bill as an avenue  for the further                                                                    
expansion  of teaching  languages. He  pondered whether  the                                                                    
bill  would   apply  to  a  community   without  a  language                                                                    
immersion  program.  He  wondered  if  the  amendment  would                                                                    
detract from a communitys ability to do things.                                                                                 
Representative Kreiss-Tompkins  understood the  amendment to                                                                    
apply only to  world languages. The amendment  as it related                                                                    
to indigenous  languages would have no  effect. However, the                                                                    
representative was  correct that  presently, the  passage of                                                                    
HB  24  would not  change  the  reality of  native  language                                                                    
opportunities  in  certain  communities.  He  reported  that                                                                    
there were a  number of school districts  around Alaska that                                                                    
were looking at standing  up immersion language programs. He                                                                    
thought  Representative Wool's  comments  were accurate.  He                                                                    
was aware  of one school  district that was about  to launch                                                                    
an immersion  language program for the  Inupiat language. He                                                                    
was  also  aware of  there  being  a significant  amount  of                                                                    
interest in Southeast Alaska  in immersion language programs                                                                    
by multiple school districts.                                                                                                   
Representative   Kreiss-Tomkins   addressed   Representative                                                                    
Fosters  question regarding  native language revitalization.                                                                    
He  remarked  that  there  might   be  a  number  of  school                                                                    
districts  that  would  benefit  from  the  passage  of  the                                                                    
1:50:41 PM                                                                                                                    
Vice-Chair  Ortiz clarified  that  the  amendment would  not                                                                    
impact in any way the ability  for communities to be able to                                                                    
offer  immersion  language   programs.  The  amendment  only                                                                    
related to foreign languages.                                                                                                   
Representative   Kreiss-Tompkins   and    his   staff   were                                                                    
considering the amendment language with the bill language.                                                                      
1:51:27 PM                                                                                                                    
ERIN  HARRINGTON,  STAFF,  REPRESENTATIVE  JONATHAN  KREISS-                                                                    
TOMPKINS,  believed   the  amendment  would  apply   to  all                                                                    
immersion   language  programs.   Therefore,  it   would  be                                                                    
inclusive  of all  immersion  language  programs for  Alaska                                                                    
Native languages.  She suggested  looking to the  sponsor of                                                                    
the amendment to provide further clarification.                                                                                 
1:51:56 PM                                                                                                                    
AT EASE                                                                                                                         
1:53:08 PM                                                                                                                    
Representative  Josephson explained  that the  amendment did                                                                    
not  change  anything with  the  present  system or  with  a                                                                    
Type M certificate.  He reiterated that his  amendment spoke                                                                    
to the new class of certificates  which could not be used in                                                                    
a regular school.                                                                                                               
Representative  Wool thought  that  he heard  Representative                                                                    
Josephson state  that a Type  M instructor could teach  in a                                                                    
regular  school. However,  he thought  a Type  M certificate                                                                    
was  only  applicable to  Alaska  Native  languages or  some                                                                    
other  skill  such  as  welding   or  military  science.  He                                                                    
reiterated that in reference to  foreign languages, a Type M                                                                    
certificate would  only apply to Alaska  Native languages in                                                                    
terms of  teaching in a  non-immersion school. He  had asked                                                                    
the bill sponsor  if the bill would apply  only to immersion                                                                    
schools or  whether it would  apply to regular  schools. The                                                                    
bill  sponsor had  replied  that  it was  a  grey area.  The                                                                    
representative wanted  to see students  not in  an immersion                                                                    
school  have  the  opportunity   to  take  foreign  language                                                                    
classes.  He did  not want  to see  children denied  if they                                                                    
were not  in an immersion  school. He noted that  there were                                                                    
several charter  schools in Fairbanks  but argued  that most                                                                    
kids attended  public school.  He believed  foreign language                                                                    
was an  important part  of a childs   education. He  did not                                                                    
want  to  see  anyone   excluded  from  an  opportunity.  He                                                                    
supported the bill but not the amendment.                                                                                       
1:55:46 PM                                                                                                                    
Representative  LeBon asserted  it  became complicated  when                                                                    
asking  an  immersion teacher  to  work  within the  regular                                                                    
school structure. He thought there was a distinction.                                                                           
Representative Wool  was not  trying to  implement immersion                                                                    
programs  where  they  did  not   currently  exist.  He  was                                                                    
speaking to  the fact that  there was a shortage  of regular                                                                    
foreign  language teachers.  The  school board  had been  in                                                                    
support of  measures that would  make it easier to  bring in                                                                    
instructors.  Instructors would  have  to be  approved by  a                                                                    
school district board and have appropriate qualifications.                                                                      
1:57:31 PM                                                                                                                    
Co-Chair  Foster sensed  that  the  amendment was  narrowing                                                                    
options rather than keeping the scope as broad as possible.                                                                     
Co-Chair Johnston echoed the  Co-Chair's thoughts. She spoke                                                                    
of the  Anchorage School  District. Some  immersion programs                                                                    
had to  be built to  the level  of immersion. She  would not                                                                    
support the amendment.                                                                                                          
Vice-Chair  Ortiz was  unclear  how the  amendment would  be                                                                    
further narrowing scope.                                                                                                        
Representative  Wool  referenced  the amendment.  He  argued                                                                    
that the Fairbanks  School District did not  have a language                                                                    
immersion program  but offered foreign language.  He thought                                                                    
the amendment would  provide a vehicle to  hire someone that                                                                    
was qualified.                                                                                                                  
Vice-Chair   Ortiz   thought  Representative   Wool   wanted                                                                    
individuals qualified  for the  certification to be  able to                                                                    
use it to  instruct foreign language. He thought  the Type M                                                                    
certification already applied.                                                                                                  
Representative  Wool  was  under  the  impression  that  the                                                                    
Type M  certification, as  it related  to foreign  language,                                                                    
only applied to Alaska Native languages.                                                                                        
2:00:58 PM                                                                                                                    
Representative  Josephson  noted   that  the  amendment  was                                                                    
consistent with  the bill which was  about limited immersion                                                                    
language  certificates. He  was  offering  the amendment  to                                                                    
simply keep the  bill in line with its  original purpose. He                                                                    
did not believe the amendment did offence to the bill.                                                                          
Co-Chair Johnston indicated there were testifiers online.                                                                       
2:02:48 PM                                                                                                                    
Representative  Wool  understood Representative  Josephson's                                                                    
concern but  trusted that school  boards would  be selective                                                                    
in who they hired and  yearly approval would be required. He                                                                    
noted that  there were  already Type  M teachers  working in                                                                    
public schools such as welding  instructors who did not have                                                                    
a 4-year  degree. He provided other  examples of exemptions.                                                                    
The  goal was  to  get teachers  certified.  He argued  that                                                                    
there  was  a shortage  of  teachers  in the  school  system                                                                    
including  foreign  language   teachers.  He  suggested  the                                                                    
amendment would  be more restrictive and  indicated he could                                                                    
not support the amendment.                                                                                                      
Representative Wool MAINTAINED his objection.                                                                                   
A roll call vote was taken on the motion.                                                                                       
IN  FAVOR: Knopp,  LeBon,  Ortiz, Sullivan-Leonard,  Tilton,                                                                    
OPPOSED: Wool, Carpenter, Foster, Johnston, Merrick                                                                             
The MOTION PASSED (6/5). Amendment 1 to HB 24 was ADOPTED.                                                                      
2:05:36 PM                                                                                                                    
AT EASE                                                                                                                         
2:05:52 PM                                                                                                                    
Co-Chair  Johnston invited  Mr.  Pearson to  review the  new                                                                    
fiscal note.                                                                                                                    
ROBERT  PEARSON, LOCAL  GOVERNMENT  SPECIALIST, DIVISION  OF                                                                    
COMMUNITY  AND  REGIONAL  AFFAIRS, DEPARTMENT  OF  COMMERCE,                                                                    
COMMUNITY,  AND ECONOMIC  DEVELOPMENT (via  teleconference),                                                                    
relayed that the department changed  its fiscal note to zero                                                                    
to reflect  the reality that  there was currently  no travel                                                                    
planned for the  fiscal year for the  Alaska Native Language                                                                    
Commission.  The department  anticipated maintaining  a zero                                                                    
cost in the future.                                                                                                             
HB  24  was   HEARD  and  HELD  in   committee  for  further                                                                    
2:06:45 PM                                                                                                                    
AT EASE                                                                                                                         
2:07:04 PM                                                                                                                    
HOUSE JOINT RESOLUTION NO. 15                                                                                                 
     "Proposing an amendment to the Constitution of the                                                                         
     State of Alaska relating to actions upon veto."                                                                            
2:07:14 PM                                                                                                                    
REPRESENTATIVE  JONATHAN KREISS-TOMPKINS,  SPONSOR, provided                                                                    
a  brief summary  of the  bill.  He relayed  that the  joint                                                                    
resolution  created a  uniform  veto  override threshold  of                                                                    
two-thirds across the board.  The appropriation revenue veto                                                                    
override threshold  would be changed  to mirror  the overall                                                                    
policy veto override threshold.                                                                                                 
2:08:03 PM                                                                                                                    
Co-Chair Johnston OPENED Public Testimony.                                                                                      
2:08:11 PM                                                                                                                    
LAURA  BONNER, SELF,  ANCHORAGE (via  teleconference), spoke                                                                    
in support  of HJR 15.  She thought that the  requirement of                                                                    
75 percent  of legislators was  too high. She  believed that                                                                    
the legislative body  was closer to the  people. She thought                                                                    
there  was language  in  place for  a  strong governor.  She                                                                    
advocated  for  a  balance  of  power.  She  agreed  with  a                                                                    
legislative veto  override of two-thirds percent.  She would                                                                    
be supportive of the measure if it made it on the ballot.                                                                       
2:09:38 PM                                                                                                                    
Co-Chair Johnston CLOSED Public Testimony.                                                                                      
Co-Chair Johnston intended to move HJR 15 on Monday. She                                                                        
reviewed the agenda for Monday, March 16, 2020.                                                                                 
HJR 15 was HEARD and HELD in committee for further                                                                              
2:10:31 PM                                                                                                                    
The meeting was adjourned at 2:10 p.m.                                                                                          

Document Name Date/Time Subjects
HB 24 ver. K Amendment 1 3.13.2020.pdf HFIN 3/13/2020 1:30:00 PM
HB 24
HB 185 ver. K Amendment 1 3.13.2020.pdf HFIN 3/13/2020 1:30:00 PM
HB 185
HJR 15 public Testimony rec'd by 031320.pdf HFIN 3/13/2020 1:30:00 PM
HJR 15