Legislature(1999 - 2000)
05/04/1999 01:55 PM House FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE FINANCE COMMITTEE
May 4, 1999
1:55 P.M.
TAPE HFC 99 - 117, Side 1.
TAPE HFC 99 - 117, Side 2.
CALL TO ORDER
Co-Chair Mulder called the House Finance Committee meeting
to order at 1:55 P.M.
PRESENT
Co-Chair Therriault Representative Foster
Co-Chair Mulder Representative Grussendorf
Representative G. Davis Representative Kohring
Representative Austerman Representative Moses
Representative J. Davies Representative Williams
Representative Con Bunde was not present for the meeting.
ALSO PRESENT
Annalee McConnell, Director, Office of Management and
Budget, Office of the Governor; Jack Kreinheder, Senior
Policy Analyst, Office of Management and Budget; Mike
Tibbles, Staff, Co-Chair Therriault; John Cyr, President,
NEA-Alaska, Juneau; Teresa Williams, (Testified via
Teleconference), Assistant Attorney General, Fair Business
Practices Section, Department of Law, Anchorage; Sanna
Green, (Testified via Teleconference), Executive Director,
Professional Teaching Practices Commission, (PTPC),
Department of Education, Anchorage.
SUMMARY
HB 40 An Act combining parts of the Department of
Commerce and Economic Development and parts of the
Department of Community and Regional Affairs by
transferring some of their duties to a new
Department of Commerce and Rural Development;
transferring some of the duties of the Department
of Commerce and Economic Development and the
Department of Community and Regional Affairs to
other existing agencies; eliminating the
Department of Commerce and Economic Development
and the Department of Community and Regional
Affairs; relating to the Department of Commerce
and Rural Development and the commissioner of
commerce and rural development; adjusting the
membership of certain multi- member bodies to
reflect the transfer of duties among departments
and the elimination of departments; creating the
office of international trade and relating to its
duties; and providing for an effective date.
CS HB 40 (FIN) was reported out of Committee with
"no recommendation" and with a new fiscal note by
Office of Management and Budget.
HB 85 An Act relating to licensure and professional
discipline of members of the teaching profession
and providing for related penalties; relating to
grounds for dismissal of a teacher; relating to
the Professional Teaching Practices Commission;
relating to limited immunity for procedures under
the Educator Ethics Act; making conforming
amendments; and providing for an effective date.
HB 85 was HELD in Committee for further
discussion.
HB 95 An Act making and amending appropriations under
art. IX, sec. 17c, Constitution of the State of
Alaska, from the constitutional budget reserve
fund; and providing for an effective date.
CS HB 95 (FIN) was reported out of Committee with
a "do pass" recommendation.
HOUSE BILL NO. 95
An Act making and amending appropriations under art.
IX, sec. 17c, Constitution of the State of Alaska, from
the constitutional budget reserve fund; and providing
for an effective date.
Co-Chair Mulder advised Committee members that by taking
action on the bill would remove the cap on the Capital
Budget Reserve (CBR) fund.
ANNALEE MCCONNELL, DIRECTOR, OFFICE OF MANAGMENT AND BUDGET,
OFFICE OF THE GOVERNOR, stated that the increase to the
Capital Budget Reserve (CBR) would have nothing to do with
the proposed expenditure level. She pointed out that oil
prices are rapidly shifting and these expenditures would be
left open-ended.
Co-Chair Mulder noted that passage of the bill would provide
that the Administration would not have to distribute "pink
slips". Ms. McConnell agreed, noting that it would assure
proper access authority to the CBR be available. She added
that funds borrowed from the CBR and not used would be
returned at the end of the fiscal year.
Representative Williams MOVED to adopt work draft, 1-
GH1051\P, Cramer, 5/3/99, as the version before the
Committee. There being NO OBJECTION, it was adopted.
Co-Chair Mulder MOVED a conceptual amendment which would
appropriate $500 thousand dollars to the Department of Law
for negotiating costs associated with the BP/Amoco-ARCO
merger. Additionally, there would be a $100 thousand dollar
appropriation to the Legislative Council for costs
associated with that merger.
Representative J. Davies inquired if there consideration had
been made to add an appropriation for Y2K efforts. Co-Chair
Mulder noted that issue is being addressed on the Senate
Floor.
There being NO OBJECTION to the conceptual amendment, it was
adopted.
Representative Foster MOVED to report CS HB 95 (FIN) out of
Committee with individual recommendations. There being NO
OBJECTION, it was so ordered.
CS HB 95 (FIN) was reported out of Committee with a "do
pass" recommendation.
HOUSE BILL NO. 85
An Act relating to licensure and professional
discipline of members of the teaching profession and
providing for related penalties; relating to grounds
for dismissal of a teacher; relating to the
Professional Teaching Practices Commission; relating to
limited immunity for procedures under the Educator
Ethics Act; making conforming amendments; and providing
for an effective date.
SANNA GREEN, (TESTIFIED VIA TELECONFERENCE), EXECUTIVE
DIRECTOR, PROFESSIONAL TEACHING PRACTICES COMMISSION (PTPC),
DEPARTMENT OF EDUCATION, ANCHORAGE, stated that the bill
would enhance the State's ability to protect students and
the integrity of educators by strengthening, streamlining,
and consolidating licensure and discipline provisions for
members of the teaching profession.
The bill incorporates direction from the Board of Education
to change a teacher "certificate" to a "license". It would
streamline current law by consolidating regulatory grounds
for discipline into one statutory provision; allowing
reciprocal action of an educator who had been disciplined in
another jurisdiction, and clarifying the procedure for
revoking the license of a person convicted of certain sex
crimes. In addition, the bill would add misrepresentation
of material facts on an employment application as grounds
for discipline.
TERESA WILLIAMS, (TESTIFIED VIA TELECONFERENCE), ASSISTANT
ATTORNEY GENERAL, FAIR BUSINESS PRACTICES SECTION,
DEPARTMENT OF LAW, provided a sectional analysis of the
proposed legislation. She directed her remarks to the
handout included in member's packets dealing with changes
and deletions to the bill. [Copy on File].
*Section 1 - Technical conforming change.
*Section 2 - New section creating statutory authority
for mandatory criminal records check.
*Section 3 - New section addressing the compilation
base for denial.
Representative J. Davies asked the statutory sights
referenced in #1 & #2. Ms. Williams replied that #1 - AS
14.20.020 and that #2 is currently in existing law which
would be moved to another place.
Representative J. Davies asked what the Educator Ethics
Commission was. Ms. Williams explained that commission
previously was referred to as the Professional Teaching
Practices Commission.
Representative Foster questioned who paid for the "checks
and balances" provided by the commission. Ms. Williams
explained that teachers pay for there own criminal record
check.
*Section 4 - New section which makes Administrative
Procedures Act (APA) applicable to
review of denial.
*Section 5 - Addresses clean up language.
*Section 6 - Speaks to the grounds for discipline.
*Section 7 - Provides for the creation of the
Commission.
*Section 8 - Grants an executive director for the
commission.
*Section 9 - Outlines the duties of the commission.
*Section 10 - Speaks to the powers of the commission.
*Section 11 - Addresses the applicability of the
Administrative Procedure Act.
*Section 12 - Allows increased or changed discipline
as an option, based on hearing officers
factual findings.
*Section 13 - A new section on confidentiality of
investigative file.
*Section 14 - Technical conforming changes.
*Section 15 - A new section containing penalties for
teaching w/o required license and
unauthorized employment in the teaching
profession.
*Sections 16 - 25
These sections provide conforming
language changes.
Representative Foster asked if there was a penalty for those
person not licensed, claiming that they were and then
teaching. Ms. Williams replied that person could be charged
with forgery, however, there is no specific provision
addressing that concern.
Co-Chair Therriault questioned if there would be action
taken against that individual by the school district for
misrepresenting ownership of a license. Ms. Williams
suggested that the school district could create a civil
action suit, however, they usually would not pursue that
course of action because the guilty person probably would
not have any income. Additionally, they would need to prove
"harm". Representative J. Davies commented that the
consequence would be that the person would lose their job.
JOHN CYR, PRESIDENT, NATIOANL EDUCATION ASSOCIATION (NEA-
ALASKA), JUNEAU, asked Ms. Williams how many revocations
there had been this year. Ms. Williams commented that there
had been five or six this year. She noted that many
revocations are to those people who leave their post without
giving notice; also, there are the ones requested to leave
for matters of sexual misconduct.
Mr. Cyr stated that contrary to the opinion of the employees
of PTPC, NEA-Alaska does not believe that the legislation is
a clear rewrite of existing statute. NEA-Alaska does not
endorse the legislation in its present form. He spoke to
sections which are problematic. The first concern is on
Page 7, Section 14.20.375 - Disciplinary actions. NEA-
Alaska believes that if there is going to be a commission,
the burden of license revocation should fall upon the
commission and not the commissioner. The other concern is
listed on Page 9, Section (f). Again, the playing field
should be level and the commissioner should not need to be
in concurrence with the teacher. He pointed out that there
is conflict throughout the bill and that NEA-Alaska does not
believe that it is fair.
HB 85 was HELD in Committee for further consideration.
HOUSE BILL NO. 40
An Act combining parts of the Department of Commerce
and Economic Development and parts of the Department of
Community and Regional Affairs by transferring some of
their duties to a new Department of Commerce and Rural
Development; transferring some of the duties of the
Department of Commerce and Economic Development and the
Department of Community and Regional Affairs to other
existing agencies; eliminating the Department of
Commerce and Economic Development and the Department of
Community and Regional Affairs; relating to the
Department of Commerce and Rural Development and the
commissioner of commerce and rural development;
adjusting the membership of certain multi- member
bodies to reflect the transfer of duties among
departments and the elimination of departments;
creating the office of international trade and relating
to its duties; and providing for an effective date.
MIKE TIBBLES, STAFF, REPRESENTATIVE GENE THERRIAULT, spoke
to Amendment #11. [Copy on File]. He explained that the
amendment would change a section of the bill which indicates
that the commissioner of the board may designate and
additional person.
(Tape Change HFC 99 - 117, Side 2).
Mr. Tibbles continued that if the commissioner is not able
to sit in on a meeting, he must designate someone else from
the Department to be present, and that person can not be a
public member.
Co-Chair Therriault MOVED to adopt Amendment #11. There
being NO OBJECTION, it was so ordered.
Co-Chair Therriault MOVED to adopt Amendment #12. [Copy on
File]. Mr. Tibbles explained that the amendment would add a
new subsection to the duties of the new department. The
amendment would insure that there is clear statutory
authority for the CDQ program as authorized by the federal
government. There being NO OBJECTION, it was adopted.
JACK KREINHEDER, SENIOR POLICY ANALYST, OFFICE OF MANAGEMENT
AND BUDGET, advised that the Administration does support the
adopted amendments.
Ms. McConnell spoke to the new fiscal note by the Office of
Management and Budget. She pointed out that the primary
savings would be to the out years. The note shows the known
personnel cost reductions during the initial implementation
year. Further reductions are anticipated after all
organizational changes are completed, which will be
reflected in the FY2001 operating budget.
The fiscal note indicates initial capital implementation
cost of $200 thousand dollars, a minimal amount for some
employee movement to bring units together and necessary
changes to computer/telephone configurations. She added
that additional funds will be needed in the second year.
Also included is a $200 thousand general fund replacement of
federal receipts in Rural Energy component.
Ms. McConnell stated that Sec. 78(e) specifies that
appropriations are to be transferred with the programs being
relocated; all program funding is currently contained within
the operating budget. The cost savings indicated above are
based on the following:
* There will be one less Commissioner and Executive
Secretary;
* The vacant Administrative Services Director
position (DCRA) will be deleted; and
* Other administrative support costs will be reduced
by downgrading or eliminating other positions.
Co-Chair Therriault voiced concern that the fiscal costs had
increased to $200 thousand dollars. He requested a further
breakdown from the Administration regarding the increased
costs. He noted that there would be plenty of time to make
adjustments to the fiscal note; he did not want to hold the
bill in Committee.
Representative Kohring MOVED to report CS HB 40 (FIN) out of
Committee with individual recommendations and with the
accompanying new fiscal note. Representative J. Davies
OBJECTED for the purpose of making a comment.
Representative J. Davies advised that many of the changes
incorporated into the bill make sense, however, if the
primary savings is the elimination of a Commissioner, that
should not be regarded as "efficiency in government", but
rather a reduction in government services. He stated that
all the commissioners perform great services to the people
of the State and that some services will be lost with this
consolidation effort. There will be less emphasis on some
of the elements that the Department of Commerce and Economic
Development and the Department of Community and Regional
Affairs had before. He reiterated that this is a "reduction
in government but not greater efficiency within the system".
Representative J. Davies WITHDREW his OBJECTION to the
motion to move the bill. There being NO further OBJECTIONS,
it was so ordered.
CS HB 40 (FIN) was reported out of Committee with "no
recommendation" and with a fiscal note by the Office of
Management and Budget,
ADJOURNMENT
The meeting adjourned at 2:50 P.M.
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H.F.C. 8 5/04/99 pm
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