Legislature(2007 - 2008)CAPITOL 106

03/15/2007 03:00 PM House HEALTH, EDUCATION & SOCIAL SERVICES


Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 159 STILLBIRTH CERTIFICATE TELECONFERENCED
Moved CSHB 159(HES) Out of Committee
*+ HB 2 VOCATIONAL EDUC ACCOUNT TELECONFERENCED
Moved Out of Committee
*+ HB 140 MEDICAL ASSISTANCE ELIGIBILITY TELECONFERENCED
Heard & Held
HB  2-VOCATIONAL EDUC ACCOUNT                                                                                                 
                                                                                                                                
3:08:42 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON announced  that the next order of  business would be                                                               
HOUSE BILL  NO. 2, "An  Act relating to the  vocational education                                                               
account and  appropriations from that account;  and providing for                                                               
an effective date."                                                                                                             
                                                                                                                                
3:09:35 PM                                                                                                                    
                                                                                                                                
REX SHATTUCK,  staff to Representative Mark  Neuman, Alaska State                                                               
Legislature, speaking on behalf of  the sponsor, introduced HB 2,                                                               
which creates a vocational education  account in the general fund                                                               
(GF).   Mr. Shattuck said that  HB 2 will provide  an opportunity                                                               
for businesses to help create  opportunities for secondary school                                                               
students by  supporting vocational  education in  anticipation of                                                               
future construction projects in the state.    The bill will allow                                                               
gifts,  bequests, and  contributions  to the  fund  that will  be                                                               
directed  by  the commissioners  of  the  Department of  Labor  &                                                               
Workforce Development (DLWD) and  the Department of Education and                                                               
Early Development (EED).                                                                                                        
                                                                                                                                
3:11:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN stated  that this bill has  taken two years                                                               
to draft.   The past  and present  commissioners of the  DLWD and                                                               
the EED, and  their departments, have been  consulted and support                                                               
HB 2.  He explained  the importance of  vocational skills  to the                                                               
applied sciences of math and reading,  and noted that the lack of                                                               
vocational  education   has  affected  rural   Alaska  primarily.                                                               
Representative  Neuman  said  that  the  American  Federation  of                                                               
Labor-Congress   of  Industrial   Organizations  (AFL-CIO),   the                                                               
electrical unions, and  other construction industry organizations                                                               
fully support this aid to vocational  education.  HB 2 will allow                                                               
private  industry  to fund  vocational  education  in the  public                                                               
schools, without  violating the state  constitution's prohibition                                                               
of dedicated funds, and will also  meet the federal No Child Left                                                               
Behind mandate.  He explained that  HB 2 has four functions.  The                                                               
bill will create a vocational  education account that holds funds                                                               
separate from special education.   In addition, the bill provides                                                               
for the acceptance of tax  exempt contributions from the industry                                                               
toward the vocational  educational account.  The  language of the                                                               
bill will  allow participation throughout the  state and includes                                                               
courses  taught  at the  secondary  and  postsecondary levels  of                                                               
education.                                                                                                                      
                                                                                                                                
3:16:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NEUMAN  further explained  how  HB  2 will  reach                                                               
every  child in  the  state.   He is  working  with every  school                                                               
district to  identify its needs  in vocational education.   Using                                                               
this information, private industry can  be called upon to respond                                                               
by funding  the vocational education  account.  For  example, the                                                               
McGrath school  has a metal shop  that is not being  utilized; no                                                               
instructor.  The  McGrath School  could  receive  funds from  the                                                               
account to support  a metal shop teacher  and, thereby, reinstate                                                               
shop classes.  The DLWD can  contact industry across the state to                                                               
respond to  the needs of the   local schools.   This will provide                                                               
funds  to  reach every  child  in  Alaska.    If someone  in  the                                                               
community  has  an expertise,  as  established  by DLWD,  and  in                                                               
consultation with  the EED,  a qualified  lay person  could teach                                                               
vocational  classes.   Currently  the state  holds standards  for                                                               
core subjects.  If a  non-certificated instructor and the EED can                                                               
set up a  curriculum to meet the grade appropriate  levels in the                                                               
core subjects,  funding provided  by this bill  will pay  for the                                                               
instructor's salary and teaching materials.                                                                                     
                                                                                                                                
3:22:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN  provided a personal story  of the benefits                                                               
from  vocational education.  He went  on to  say that  unions and                                                               
private  industry do  provide  apprenticeship programs;  however,                                                               
exposure  at the  high school  level is  a critical  step towards                                                               
motivating  a student  to  pursue his/her  interest  in a  future                                                               
career.    He pointed out that the bill  also includes vocational                                                               
training  programs  and  courses  taught  at  the  secondary  and                                                               
postsecondary level of education.                                                                                               
                                                                                                                                
3:24:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NEUMAN  reiterated  that this  bill  accomplishes                                                               
four  major  purposes:  allows  for  the  vocational  educational                                                               
account;  allows  for  gifts, bequests,  and  contributions  from                                                               
private industry; is  accessible to every high  school student in                                                               
the  state; is  accessible to  every secondary  and postsecondary                                                               
student in  the state.  He  stressed that the language  is brief,                                                               
so as not  to tie the hands of the  departments involved, who are                                                               
the experts on implementation and regulation of the bill.                                                                       
                                                                                                                                
3:26:19 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON asked  how private industry, such  as BP Exploration                                                               
(Alaska) Inc., would give a particular school money.                                                                            
                                                                                                                                
REPRESENTATIVE NEUMAN  answered that private industry  can make a                                                               
donation to any  school now.  However, with the  existence of the                                                               
vocational educational  account, they can  direct the funds  to a                                                               
certain purpose and they may receive a federal tax deduction.                                                                   
                                                                                                                                
3:27:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH  stated that there is  also a corporate                                                               
income tax  bill that  will address  deductions for  donations to                                                               
schools.  She  continued to say that this other  bill may provide                                                               
an  additional  incentive to  those  who  support the  vocational                                                               
educational account.                                                                                                            
                                                                                                                                
REPRESENTATIVE  NEUMAN  added that  this  type  of account  would                                                               
allow the governor to more  easily direct available funds through                                                               
the Department of Revenue (DOR) to vocational education.                                                                        
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH stated  that  private foundations  and                                                               
corporations  are  able  to   support  municipalities  and  other                                                               
government agencies, in a similar fashion.                                                                                      
                                                                                                                                
3:28:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON said  that the  structure of  the bill  is                                                               
that the  money would be  brought into  the general fund  and the                                                               
commissioners  will determine  which schools  receive the  funds.                                                               
He opined that it is not  clear that a corporation could identify                                                               
a particular school  to contribute to, and  support that interest                                                               
directly.                                                                                                                       
                                                                                                                                
3:30:05 PM                                                                                                                    
                                                                                                                                
CHAIR  WILSON provided  permission  to  Representative Neuman  to                                                               
outline the parallel bill.                                                                                                      
                                                                                                                                
3:30:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NEUMAN responded  that,  under the  terms of  the                                                               
related  bill, corporate  funds  can be  directed  to a  specific                                                               
school, or program, and be  eligible for a federal tax deduction.                                                               
HB 2  will allow the commissioners  of DLWD, EED, and  DOR to set                                                               
up  the  working structure  and  insure  that politics  will  not                                                               
become involved  in the distribution of  the vocational education                                                               
account.                                                                                                                        
                                                                                                                                
3:32:28 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON  asked how a  corporation can be assured  that their                                                               
funds will be directed to a specific purpose.                                                                                   
                                                                                                                                
REPRESENTATIVE  NEUMAN explained  that HB  61 will  provide a  50                                                               
percent  corporate  tax  credit,  on  benchmark  amounts,  as  an                                                               
incentive  for contributions  to vocational  education.   He said                                                               
that  from millions  of dollars  of corporate  taxes paid  to the                                                               
state, a small amount of  private industry money, paid through HB
2, will be dedicated to supporting vocational education.                                                                        
                                                                                                                                
3:34:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON described  the  structure of  the bill  as                                                               
providing that corporations "A" and  "B" will donate funds to the                                                               
state  of Alaska  and  the commissioners  will  have a  statewide                                                               
program drawing  from that fund.   He confirmed that  the account                                                               
is not  specific to,  for example,  the intent  of ConocoPhillips                                                               
Alaska,   Inc.,   providing   funds   to   train   welders.   The                                                               
commissioners of  EED and  DLWD will be  making the  decisions on                                                               
the programs that will be funded.                                                                                               
                                                                                                                                
3:35:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NEUMAN  affirmed that  HB  2  will be  the  first                                                               
statute  requiring   two  departments   to  work   together.  The                                                               
commissioners  will  coordinate  the  needs of  the  schools  and                                                               
prioritize  the distribution  of funds.   He  stressed that  this                                                               
could  help  to plan  for  future  workers needed  in  particular                                                               
areas,  and the  bill provides  the flexibility  to define  those                                                               
needs.                                                                                                                          
                                                                                                                                
3:37:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES  observed that  the concept  of the  bill is                                                               
worthy but  the application process  seems difficult.   He opined                                                               
that  the bill  will be  set  up in  a  grant structure.   If  it                                                               
becomes a  grant situation, often  those with matching  funds are                                                               
the first  to receive  additional funding.   He stated  that this                                                               
may  be  an  unintended  consequence  of  the  bill,  but  it  is                                                               
important to identify how this fund will be distributed.                                                                        
                                                                                                                                
3:40:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN  replied that the  best answer is  that the                                                               
commissioners  will set  up the  regulations  and structures  for                                                               
distribution because they have the expertise.                                                                                   
                                                                                                                                
REPRESENTATIVE ROSES asked whether there  is language in the bill                                                               
authorizing the commissioners of EED  and DLWD to set the program                                                               
up, and  then come back  to the  legislature for approval  of the                                                               
program.                                                                                                                        
                                                                                                                                
REPRESENTATIVE NEUMAN said no.                                                                                                  
                                                                                                                                
3:41:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH suggested  the  committee take  public                                                               
testimony.                                                                                                                      
                                                                                                                                
3:42:04 PM                                                                                                                    
                                                                                                                                
BOB  POE, President,  Anchorage Economic  Development Corporation                                                               
(AEDC),  began his  testimony  by  indicating his  organization's                                                               
support for  HB 2.  He  stated his agreement, also,  with many of                                                               
the  important   points  previously  discussed.     The  AEDC  is                                                               
concerned  with  Alaska's  ability   to  have  qualified  workers                                                               
available  when large  projects, such  as the  gas pipeline,  get                                                               
underway.  Anchorage and Fairbanks  are growing job markets today                                                               
and  many   companies  have  concerns  about   finding  qualified                                                               
workers, especially to  replace retirees.  Mr. Poe  said that the                                                               
AEDC  sponsored the  Alaska Workforce  Development Conference  in                                                               
October, 2006,  to address this  challenge.   As a result  of the                                                               
conference,  four  action  statements  were  developed.    First,                                                               
establish a career and technical  education outreach program with                                                               
tax benefits to employers.   Secondly, expand the capabilities of                                                               
the Alaska Labor  Exchange System (ALEXsys).   Next, establish an                                                               
articulated  career and  technical education  program.   Finally,                                                               
the  governor  and  legislature  should  restructure  the  Alaska                                                               
Workforce Investment Board (AWIB).   He stressed that a workforce                                                               
development program  must include the elements  of state offices,                                                               
labor, universities, and  the private sector.   Mr. Poe concluded                                                               
by  saying  that investment  by  the  legislature in  educational                                                               
programs  for workforce  development is  an investment  in future                                                               
revenue.                                                                                                                        
                                                                                                                                
3:49:56 PM                                                                                                                    
                                                                                                                                
LAMONT ALBERTSON  informed the  committee that  he has  lived and                                                               
worked in  Aniak and Bethel  for 40 years.   He provided  a brief                                                               
history of working  as a teacher and school  administrator in the                                                               
state.   He stated his  support for  HB 2, citing  how vocational                                                               
classes are  not being  offered in rural  areas, even  though the                                                               
jobs available there  require vocational skills.   He opined that                                                               
this bill would "go a  long way" in providing these opportunities                                                               
and will be supported by private industry.                                                                                      
                                                                                                                                
3:51:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  asked  whether every  school  across  the                                                               
state would have a shop, or  whether money would be directed to a                                                               
specific school by a corporation.                                                                                               
                                                                                                                                
MR. ALBERTSON expressed his belief  that the political process is                                                               
such that  if a  corporation worked  with the  commissioners, the                                                               
instructors would be placed where they are needed.                                                                              
                                                                                                                                
REPRESENTATIVE   SEATON  stated   his   belief  that   vocational                                                               
education is needed  across the state and the  testimony seems to                                                               
indicate that money from businesses  will be directed to specific                                                               
programs.  He  said that HB 2  does not set out  the direction of                                                               
the funding.                                                                                                                    
                                                                                                                                
3:54:03 PM                                                                                                                    
                                                                                                                                
MR.  ALBERTSON replied  that the  programs are  needed throughout                                                               
the state,  but vocational education  is not  a part of  the core                                                               
curriculum.  HB 2 will  support students by training them locally                                                               
and, thereby,  enabling them to stay  and work in the  area where                                                               
they were raised.                                                                                                               
                                                                                                                                
3:55:06 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON closed public testimony.                                                                                           
                                                                                                                                
3:55:19 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON expressed her belief  that the bill needs to clarify                                                               
how a corporation can donate directly to a specific school.                                                                     
                                                                                                                                
3:56:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN  recalled that he also  attended the Alaska                                                               
Workforce Development  Conference and suggested that  a workforce                                                               
development  board   may  be  the  appropriate   entity  to  help                                                               
distribute  the  funds.   The  bill  will  establish  legislative                                                               
intent  and, yet,  allow the  departments to  develop regulations                                                               
without   political  problems,   such   as  cost   differentials.                                                               
Representative Neuman  informed the  committee that  Dick Luther,                                                               
Special  Assistant,   Office  of  the   Commissioner,  Department                                                               
Education and Early  Development, will be contacting  him to work                                                               
on structuring the programs.                                                                                                    
                                                                                                                                
3:58:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CISSNA recalled  that legislative  intent is  not                                                               
always correctly interpreted at the  administrative level.  It is                                                               
essential  that any  programs that  are made  available by  these                                                               
funds are distributed in a fair  way.  She encouraged the sponsor                                                               
to look for ways to answer the questions about the bill.                                                                        
                                                                                                                                
4:01:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH emphasized  that  HB 2  will create  a                                                               
line item  account, not a public  fund trust account.   This bill                                                               
proposes  a line  item  account similar  to  the Railbelt  energy                                                               
fund.   Page 1, line 12,  [subsection] (a) states that  money may                                                               
be  appropriated by  the legislature  to the  state or  political                                                               
subdivision.     She  stated   that  Representative   Neuman  has                                                               
presented  his thoughts  about  the  use of  the  funds, but  the                                                               
department administering  the funds will develop  the regulations                                                               
and submit them  for public and legislative comment.   On page 2,                                                               
HB  2   stipulates  that  the   commissioner  of  the   DLWD,  in                                                               
consultation with the commissioner of  the EED, will be approving                                                               
programs  and courses.    Representative  Fairclough pointed  out                                                               
that the sponsor  is not creating the structure  or framework for                                                               
programs  through this  bill, but  is creating  a repository  for                                                               
private industry's  participation in  vocational education.   She                                                               
proposed  that this  committee forward  the bill  to the  finance                                                               
committee, as the legislature has  total control over a line item                                                               
in  the  general  fund  through   the  budget  and  appropriation                                                               
process.                                                                                                                        
                                                                                                                                
4:04:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH moved to  report HB 2, 25-LS0006\C, out                                                               
of   committee   with    individual   recommendations   and   the                                                               
accompanying fiscal notes.                                                                                                      
                                                                                                                                
REPRESENTATIVE CISSNA objected.                                                                                                 
                                                                                                                                
4:04:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CISSNA  expressed her understanding that  a simple                                                               
line in the budget could  have school funding matters attached to                                                               
it.                                                                                                                             
                                                                                                                                
4:05:15 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON  also stated  her reservations  about how  this fund                                                               
would be distributed.                                                                                                           
                                                                                                                                
4:05:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN  affirmed that the bill  makes a repository                                                               
for private corporation funding to support vocational education.                                                                
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH reiterated  that  the bill  is a  line                                                               
item to create a  fund for deposit.  She pointed  out that, if no                                                               
one donates,  there will be  no funds; however, if  a corporation                                                               
would like  to support vocational education,  then the repository                                                               
will be available.  She  added that a memorandum of understanding                                                               
could  be developed  in any  region to  create partnerships  with                                                               
private industry, local schools and  state government.  The funds                                                               
will not be distributed without  the approval of the legislature.                                                               
She suggested  that the House  Finance Committee will be  able to                                                               
determine whether further regulation is needed.                                                                                 
                                                                                                                                
4:08:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  observed that, as  HB 2 is to  establish a                                                               
fund  and not  a  program,  perhaps there  is  no confusion,  and                                                               
stated his support for the bill.                                                                                                
                                                                                                                                
4:09:31 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON agreed.                                                                                                            
                                                                                                                                
4:09:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CISSNA removed her objection  with a comment.  She                                                               
then remarked:                                                                                                                  
                                                                                                                                
     One of  the real  tragedies in Alaska  ... is  that ...                                                                    
     throughout  Alaska,  in  the smallest  community's  ...                                                                    
     schools,  there  are  essentially  buildings  that  are                                                                    
     almost  like museums,  of all  the different  phases of                                                                    
     technology  ... that  were brought  into  the areas  at                                                                    
     some  time.   ...  Those  small  communities   wind  up                                                                    
     receiving  millions of  dollars,  oftentimes, in  those                                                                    
     things that never were really  ... thought through. ...                                                                    
     This  will  be  yet another  possible  continuation  of                                                                    
     that....                                                                                                                   
                                                                                                                                
4:12:17 PM                                                                                                                    
                                                                                                                                
There being  no further objection, HB  2 was reported out  of the                                                               
House Health, Education and Social Services Standing Committee.                                                                 
                                                                                                                                

Document Name Date/Time Subjects