Legislature(1993 - 1994)
03/30/1994 09:07 AM Senate STA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
CHAIRMAN LEMAN brings up SB 358 (ELIMINATE SOME STATE MULTIMEMBER BODIES) as the first order of business before the Senate State Affairs Committee and calls the first witness. Number 015 KRISTIE LEAF, Director, Boards & Commissions, Office of the Governor thanks the committee for hearing SB 358 and says the bill is basically a governmental efficiency bill. SB 358 will do several things: first, it will eliminate nine non-functioning boards; second, it streamlines procedures associated with the Alaska Labor Relations Agencies and the Board of Parole; third, it eliminates the statutory Alaska School Activities Association (ASAA); and fourth, it eliminates the Museum Collections Advisory Committee and transfers the committee's duties to the Department of Education. MS. LEAF mentions there were two sectional analysis' submitted to the committee and there are zero fiscal notes accompanying SB 358. Ms. Leaf states she would be happy to go over any changes in more detail and answer any questions the committee might have. Number 047 CHAIRMAN LEMAN asks Ms. Leaf what control the state will have over the non-profit organization that will handle school activities after ASAA is eliminated. The chairman asks if the state will have the ability to over-ride a policy decision by the board if the state does not agree with the decision. Number 062 MS. LEAF responds it is her understanding that the Board of Education will not be able to serve as the board of appeal for the non-profit school activities association, and the board would have to have a separate appeal. The only relationship between the state and the association would be that school districts would contract with and belong to the association. Ms. Leaf says Mr. Gamble from the Department of Education could perhaps answer questions on ASAA. CHAIRMAN LEMAN asks Ms. Leaf if the Board of Appeal would then, in essence, be the school districts themselves. MS. LEAF replies the association itself would need to set up a board of appeal. Ms. Leaf says since the association is a non- profit organization and is not a state entity, the state could not set up a board of appeal. Number 095 CHAIRMAN LEMAN asks Ms. Leaf if the changes dealing with the Board of Parole in SB 358 are different from the changes relating to the Board of Parole in another piece of legislation currently being worked on. Number 101 MS. LEAF responds the changes in SB 358 are the same as changes addressed in the other piece of legislation. It is simply a safeguard to include that language in both bills. Number 110 CHAIRMAN LEMAN asks if there are further questions. The chairman notes the committee now has a quorum. The chairman asks the pleasure of the committee regarding SB 358. The chairman calls the next witness. Number 122 GEORGE SMITH, Deputy Director, Libraries, Archives, & Museums, Department of Education gives the committee some background history on the Museum Advisory Committee on Acquisitions. MR. SMITH states that currently, the acquisitions committee is overseeing a very limited acquisitions budget. The entire acquisitions budget for the museum is about 50,000$. Approximately half of that money is spent on acquisitions over 1,000$, and so would be overseen by the acquisitions committee. The expenses for the required travel of the committee, as well as services and supplies, is 6,000$ per year. Staff support time equals an additional 16,000$. So about 22,000$ per year is being spent to oversee an acquisitions budget of about 25,000$. MR. SMITH states the Division of Libraries, Archives & Museums feels the internal controls in place now, make it virtually impossible for inappropriate acquisitions or deaccessions to occur. For a safeguard, SB 358 stipulates any acquisition or deaccession with a value over 1,000$ would require the signature of the commissioner of the Department of Education. Mr. Smith states the Department of Education favors passage of SB 358. Number 204 SENATOR TAYLOR asks why the provisions for the Museum Advisory Committee on Acquisitions should be left in statute, merely changing "committee" to "commissioner" and "department". Why not simply repeal the provisions and allow the commissioner to handle acquisitions and disposals. MR. SMITH replies that would be an acceptable alternative. CHAIRMAN LEMAN calls the next witness. Number 225 ARBE WILLIAMS, Special Assistant to the Commissioner, Department of Labor states section 10 of SB 358 addresses a concern of the Alaska Labor Relations Agency. At this time, the law requires that when a Railroad Labor Relations case is at impasse, the person who previously served as mediator, then serves as arbitrator. At this point, the Alaska Labor Relations Agency uses the Federal Mediation and Conciliation Service in labor negotiations. However, the charter of the Federal Mediation and Conciliation Service stipulates that mediators cannot serve as arbitrators. The Department of Labor would like state statute changed to eliminate the requirement that the mediator of a case serves as arbitrator when a case reaches impasse. Number 255 MS. WILLIAMS addresses amendment #1 to SB 358. The Department of Labor asks that an amendment be made to the Alaska Worker's Compensation Act, expanding the Alaska Worker's Compensation Board from five panels to six panels. The department feels this is part of a solution to the critical problem facing the board. In 1983 the state was sued because it did not meet the statutory requirements for issuing decisions and orders, which is thirty days. The state lost that case and had to pay 250,000$. Right now, forty-four decisions and orders are not issued within the required thirty day time frame. The Department of Labor has received serious inquiries from prominent employee attorneys asking for statistical information on the Alaska Worker's Compensation Board response record. The department sees another impending class action suit. An increase from five panels to six has a zero fiscal note and would simply serve to speed up the hearing and review process. There is zero fiscal impact because the panels would not be meeting more frequently, they would simply be meeting sooner. Number 290 CHAIRMAN LEMAN says it is his intent to hold SB 358 and pick up amendment #1 in a committee substitute. The chairman asks if there is anyone else who wishes to testify on SB 358. Hearing none, he states the committee will set it aside until the committee has a quorum. Number 306 SENATOR DONLEY states he is concerned with allowing school boards to delegate their authority to a non-profit group to make policy decisions. In the past, the final decision came back to the state. If that authority is delegated to a non-profit to avoid the responsibility of those decisions, where do voters get accountability. Number 319 CHAIRMAN LEMAN states he is concerned with that also, and the Blomfield case comes to his mind. ASAA said they could not do what Blomfield wanted because it went against their bylaws. Number 325 SENATOR DONLEY adds Blomfield appealed through the process and were told by the Department of Education that the rules were being changed by pending legislation and Blomfield would have to start the process all over again with the new group. SENATOR TAYLOR asks where in SB 358 it refers to the Blomfield case. CHAIRMAN LEMAN replies SB 358 does not refer directly to Blomfield, but deletes any reference to the Alaska Student Activities Association (ASAA) because that group is now functioning as a non- profit organization. The section of SB 358 referring to ASAA is section 11. Number 337 SENATOR DONLEY states SB 358 was the excuse given by the Department of Education for not ruling on the appeal by Blomfield. CHAIRMAN LEMAN asks if there is anyone from the Department of Education who can respond to this. Number 342 HARRY GAMBLE, Administrator, Commissioner's Office, Department of Education says in 1987 the legislature removed the Alaska School Activities Association from the Department of Education's budget. In its place, ASAA filed articles of incorporation. At that time, ASAA began acting independently of statutes and of the department. The only connection between the department, the State Board of Education, and ASAA was that the State Board of Education continued to serve as the appeals review commission for students looking for waivers to the rules of ASAA. MR. GAMBLE says that the Department of Education now has an opinion from the Attorney General saying that ASAA and ASAA Inc. are two very separate and distinct bodies. ASAA Inc. is an entity not addressed in statute and over which the state has no control. In the view of the Department of Education, the Blomfield case is not an appealable issue. That is something that would have gone to the court. Blomfield seeks relief from one of the rules of ASAA which requires students who participate in interscholastic activities to attend the school for which they compete. Number 376 CHAIRMAN LEMAN asks Mr. Gamble to clarify whether it is ASAA or ASAA Inc. which is no longer in existence. MR. GAMBLE clarifies he meant to say ASAA ceases to exist. Number 379 SENATOR DONLEY wants to know why Blomfield wasn't told that the Department of Education was not the proper place to appeal. Blomfield was in fact told the Department of Education was the proper place to appeal to by ASAA Inc and by the Anchorage School Board. Number 383 MR. GAMBLE replies the State Board of Education did inform these people that this was something that was not appealable to the State Board of Education. He does not know what ASAA Inc. told them. SENATOR DONLEY states the Board of Education did not tell them it was not the proper place to appeal until after Blomfield had already appealed and waited for months and months. MR. GAMBLE says he is trying to recall that issue, and is not sure what ASAA Inc. told anyone. He says he thinks the Blomfield's asked ASAA Inc. to change the rule. Number 390 SENATOR DONLEY says ASAA Inc. told the Blomfield's the rule couldn't be changed without approval from the State Board of Education. When the Blomfield's went to the Board of Education, the board said they would not deal with the issue because they were waiting for pending legislation to pass. Number 395 MR. GAMBLE says a regulation was approved by the State Board of Education that would have changed the ASAA bylaws to allow students from private, correspondence, or homeschools to participate in the activities of public schools. The board conducted hearings and decided there was to much opposition from the public schools to proceed. In the meantime, the board also received the opinion from the Attorney General's Office saying ASAA Inc. was separate and distinct from the state, and the board did not have control over that body. Number 404 CHAIRMAN LEMAN asks Senator Donley if it is his opinion that passing SB 358 would do a disservice to Blomfield and people similarly situated. Number 405 SENATOR DONLEY thinks the Blomfields were denied due process based on anticipated legislative action. Senator Donley thinks the legislature should send the Board of Education a really clear message that they will not be an excuse for the board denying the Blomfields due process. Number 408 CHAIRMAN LEMAN asks Senator Donley if he is suggesting that the section relating to ASAA not be deleted at this time, and that it will perhaps be deleted at a future time when they have done their job. Number 412 SENATOR DONLEY says that would be his request at this point. He does not think it is fair to someone who has gone all the way through the process, done everything they were told to do by state government, and then when they reach the end, they are told that their problem will not be dealt with because the legislature is going to change the rules. Number 420 CHAIRMAN LEMAN comments that in this particular case, the only thing that happened was that the woman bringing the case happened to have sufficient resources to be able to bring the case. He has read the case, and he thinks Ms. Blomfield has been mistreated throughout the whole process. Number 424 SENATOR TAYLOR asks if there is a way to take care of the Blomfield situation and still accomplishing what the Department of Education wants to accomplish. SENATOR DONLEY says he would be open to that, and perhaps the department could make a recommendation. Number 430 CHAIRMAN LEMAN asks Mr. Gamble if there is anything the legislature could do to assist in solving this problem. Number 435 MR. GAMBLE responds the Blomfield case is not driving the desire to repeal the statutes relating to ASAA. The department would have to think about the chairman's question. Perhaps something can be done in statute to require schools that join a private non-profit to have that association allow private school students to participate in public school activities. Number 443 SENATOR DONLEY says that is a policy decision that there would have to be many hearings on. His problem with SB 358 is it was used as an excuse to not resolve the Blomfield case. Blomfield was entitled to a yes or no answer. Instead of an answer, they were told that the legislature was going to take it away from the department's authority, so then the department wouldn't have to deal with it. So Blomfield has wasted thousands of dollars and all this time, and the legislature was given as the excuse. Number 455 CHAIRMAN LEMAN asks Ms. Leaf where the reference to ASAA is in section 11 of SB 358. MS. LEAF responds it is in AS 14.07.058 and 059. CHAIRMAN LEMAN says the committee will move on to the next bill on the calendar.
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