Legislature(2003 - 2004)
04/27/2004 03:11 PM House HES
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 72-BOARD OF REGENTS QUALIFICATIONS Number 1379 CHAIR WILSON announced that the next order of business would be HOUSE BILL NO. 72, "An Act relating to the qualifications and appointment of members of the Board of Regents of the University of Alaska; and providing for an effective date." Number 1389 REPRESENTATIVE DAVID GUTTENBERG, Alaska State Legislature, sponsor of HB 72, presented the bill and answered questions from the committee. He explained that at the end of the 2002 session a situation occurred in joint session where a student regent did not get confirmed. As a result of that university students across the state wanted to come up with a fix that presented a solution to that problem. There has been a lot discussion about what that would be and suggestions ranged from adding another student regent to possibly allowing the Governor to add a student regent without going through the legislative confirmation process. REPRESENTATIVE GUTTENBERG said that the consensus of that discussion is before the members now in HB 72. This bill allows for a second student regent, who serves in a non-voting student regent capacity for one year and then moves up to the voting student regent position the next year. The student regent would serve a two-year term with alternating appointments. He said he believes it is important to always have a student regent on the board. This also serves as an educational opportunity for another student, he added. REPRESENTATIVE GUTTENBERG explained that students are elected from the student body and a list of names from each campus is submitted to the governor for appointment. He commented that the issue on the even number of members on the board of regents does not seem to be a problem because of the way the board of regents' works. It works through a committee process and divisive issues do not come before the full board until all the problems are worked out. Number 1542 CHAIR WILSON asked if she understands correctly that the second student regent would serve by watching and learning and not have a vote. REPRESENTATIVE GUTTENBERG replied that the second student regent would not be able to vote on official business at a full board of regents meeting. However, the second student regent could be participate in other meetings. He explained that when an issue comes before the regents it is assigned to a working group who works through the process. The second student regent could work on an issue; however, at a full regent meeting the student could speak, but not vote. Number 1579 CHAIR WILSON commented that the state school board has the same arrangement with two student representatives. She shared that when she asked them how it was working out the students were very happy with it. REPRESENTATIVE SEATON referred to page 3, lines 3 through 5, where it says: The term "campus" used in this subsection means a portion of the University of Alaska designated as a "campus" by the Board of Regents. REPRESENTATIVE SEATON asked whether there is language in the bill that makes the distinction that the student regents will come from different campuses. REPRESENTATIVE GUTTENBERG responded that it is not his intention to have two people from the same campus. He added that he believes there would be enough political pressure on the governor to ensure that the two student regents come from different campuses. REPRESENTATIVE SEATON pointed to page 2, lines 25 through 27 which reads as follows: The list must [SHALL] consist of the names of two students from each campus of the University of Alaska after an election is held at each campus. REPRESENTATIVE SEATON asked Representative Guttenberg if he intended for that language to specify that one nominee would come from each campus. REPRESENTATIVE GUTTENBERG replied yes. The possibility of the governor appointing two regents from the same campus would be the governor's political decision. He said he hopes that would not happen. REPRESENTATIVE SEATON commented that it is not specified. REPRESENTATIVE GUTTENBERG agreed it is not specified. Number 1693 REPRESENTATIVE COGHILL asked if the student regent positions are staggered. He said it appears that the terms could both begin at the same time. REPRESENTATIVE GUTTENBERG replied that it is his intention to have the terms staggered. It would not be practical to have the terms start at the same time. The point is to have one student regent that watches for a year and moves up into the [voting] regent position when a regent is appointed behind him/her. REPRESENTATIVE COGHILL commented that he is looking for that clarification in the language. He questioned whether Representative Guttenberg would want to amend the bill to specify that. REPRESENTATIVE GUTTENBERG responded that he has discussed that possibility. REPRESENTATIVE COGHILL noted that the qualifications refer to a regent having a graduate or undergraduate degree from the University of Alaska on page 2, lines 5 and 6. He asked if that is a current requirement or is it new language. REPRESENTATIVE GUTTENBERG explained that while this is a change in the language, it is really directed at the board of regents, not student regents. Currently there is no requirement that any member of the board of regents be a graduate of the University of Alaska. REPRESENTATIVE COGHILL commented that it sounds like a good idea. CHAIR WILSON asked for Representative Guttenberg to clarify how the student regent is appointed. REPRESENTATIVE GUTTENBERG explained that the governor is presented with a list of two students from each campus and from that list the governor selects one to be on the board of regents. CHAIR WILSON commented that the bill does say that the "term of office begin June 1 of the year in which the appointment is made." She asked how the student regents' terms are designated. Number 1833 REPRESENTATIVE GUTTENBERG commented that the university believed the terms of the regents could be accomplished by having a staggered term. When meeting with the regents he was told that they do not believe it is their role to tell the legislature how they will be governed. REPRESENTATIVE SEATON moved conceptual Amendment 1 as follows: On Page 2, Line 28, after "Governor." Insert "The Governor shall appoint one student from each of two different campuses having staggered terms." REPRESENTATIVE SEATON he said he believes this conceptual amendment would take care of both problems. There being no objection, Conceptual Amendment 1 was adopted. REPRESENTATIVE COGHILL asked Representative Guttenberg if any of the regents have express an objection to the bill. REPRESENTATIVE GUTTENBERG commented that the two regents that he spoke to were Representatives Fate and Ogg. Representative Ogg, when speaking only for himself, and not as a regent, said he believes the current arrangement is fine the way it is. Representative Guttenberg told the members that he did have a conversation with Chip Wagoner who was involved in the creation of a student regent position. He had some opposition, but decided that if the students wanted another regent he would not stand in their way. REPRESENTATIVE COGHILL said he believes having one student regent as a non-voting member is a good idea. He told the members he supports the bill. Number 1975 REPRESENTATIVE SEATON moved to report CSHB 72(EDU), 23-LS0112\Q, as amended, out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, CSHB 72(HES) was reported out of the House Health, Education and Social Services Standing Committee.
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