Legislature(1997 - 1998)
03/10/1997 01:44 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 March 10, 1997 1:44 P.M. TAPE HFC 97-52, Side 1, #000 - end. TAPE HFC 97-52, Side 2, #000 - end. TAPE HFC 97-53, Side 1, #000 - end. TAPE HFC 97-53, Side 2, #000 - #289. CALL TO ORDER Co-Chair Therriault called the House Finance Committee meeting to order at 1:44 p.m. PRESENT Co-Chair Hanley Representative Kelly Co-Chair Therriault Representative Kohring Representative Davies Representative Martin Representative Davis Representative Moses Representative Foster Representative Mulder Representative Grussendorf ALSO PRESENT Representative Al Vezey; Representative Con Bunde; Nancy Buehl, Department of Education; John Cyr, National Education Association -Alaska; Gail Fenumiai, Division of Elections; Office of the Lieutenant Governor; Jim Baldwin, Assistant Attorney General, Department of Law; Jim Sykes, Green Party, Anchorage; Kevin Morford, Green Party, Anchorage; Jack Coghill, Chair, Alaska Independent Party (AIP); Scott Kohlhaas, Alaska Libertarian Party; SUMMARY HB 112 "An Act amending the definition of `political party' except as the definition of the term applies to the regulation of contributions and expenditures in state and municipal election campaigns, an amendment that also has the effect of changing the definition of `political organization' as applied to the regulation of games of chance and contests of skill." HB 112 was reported out of Committee with a "do pass" recommendation and with a fiscal impact note by the Office of the Lieutenant Governor, dated 2/26/97; and with a zero fiscal note by the Department of Revenue, dated 2/26/97. 1 HB 145 "An Act relating to certification of teachers." HB 145 was HELD in Committee for further consideration. HOUSE BILL NO. 112 "An Act amending the definition of `political party' except as the definition of the term applies to the regulation of contributions and expenditures in state and municipal election campaigns, an amendment that also has the effect of changing the definition of `political organization' as applied to the regulation of games of chance and contests of skill." REPRESENTATIVE AL VEZEY, SPONSOR, testified in support of HB 112. He maintained that HB 112 would bring order to the chaos in the electoral process. He observed that political parties must run a candidate for Governor and receive 3 percent of the vote cast in that general election, in order to retain their legal status. He observed that third parties are growing. He noted the last time a Governor was last elected with a majority vote was in 1970. He explained that the legislation would provide a mechanism for a political party to retain its status without running a candidate for Governor every four years. He observed that political parties have special status under the Alaska Public Offices Commission (APOC). Political parties are able to participate in charitable gaming activities. Political parties must file APOC reports. Representative Vezey observed that 10,000 represent approximately 3 percent of the registered voters. The legislation allows a party that has 10,000 registered voters to retain party status under Alaska statutes without running a candidate for governor. Representative Davies observed that the Republican and Democratic parties would not be affected. He stated that the Alaska Independent Party (AIP) has more than the required 10,000 registered voters. Co-Chair Therriault noted statistics for the following parties: *Democrats - 71,000; *Republicans - 104,000; *Alaska Independent Party - 16,000; and 2 *Green Party - 3,000. Representative Davies summarized that the AIP party would not have to run a candidate, while the Green Party would have to run a candidate for governor in the next general election. Representative Vezey estimated that there would be a concentrated registration drive if the legislation were passed. Representative Grussendorf asked if the Sponsor considered requiring the gubernatorial candidate to receive more than 45 percent of the vote. Representative Vezey clarified that his intent is to lessen the need for a runoff election and allow small parties to retain their status if they do not run a candidate. Representative Grussendorf pointed out that many smaller parties are trying to influence election issues through their candidates. Representative Vezey observed that smaller parties would not be precluded from running a candidate. JIM BALDWIN, ASSISTANT ATTORNEY GENERAL, DEPARTMENT OF LAW observed the need to document the interest that is being served by the legislation. He observed that the legislation is a limitation on the right of political association. He noted that the Court ruled in Vogler versus Miller, that the State must have a compelling governmental interest to place limitations on political recognition for purposes of admission to the primary election ballot. He suggested that the legislation cannot be defended on the premise that an election of a gubernatorial candidate by a majority vote is paramount. He observed that under the legislation the Green Party would not be a recognized party and the AIP would be a recognized party. Mr. Baldwin observed that most states require that a political party meet a percentage of those that voted in the last primary election. Once a party is recognized they are included on the ballot without petition. He observed that in order to meet the registration requirement individuals must disclose their party affiliation before the party can achieve recognized party status. Registered voters do not have to disclose their party affiliation. This requirement could be seen as a compulsory disclosure of political affiliation. He noted that these kinds of limitation are upheld only when there is nothing less intrusive to serve this interest. He acknowledged that an attorney of the Republican Party has challenged his interpretation. Co-Chair Therriault noted that voter registration would not be the only route to obtain recognition as a political 3 party. Representative Kelly observed that if the Green Party gets 3 percent of the vote in a general election for governor they would retain their status. Co-Chair Therriault emphasized that no rights are being taken away. Co-Chair Hanley noted that the Court ruled in Vogler versus Miller that the standard was too high. He asked if 3 percent is a defendable amount. Mr. Baldwin stated that the Court indicated that 3 percent would be acceptable. GAIL FENUMIAI, DIVISION OF ELECTION, OFFICE OF THE LIEUTENANT GOVERNOR noted that 213,404 votes were cast in the last general election. Three percent of those that voted is 6402. Co-Chair Hanley noted that the 10,000 requirement is higher than 3 percent. Mr. Baldwin noted that 10,000 is an arbitrary number. He emphasized that the Department would like to have some rationale to defend the number. Co-Chair Hanley spoke in support of setting the limit at 3 percent of the previous election. In response to a question by Representative Grussendorf, Ms. Fenumiai noted that there are 420,000 registered voters in the State of Alaska. Representative Grussendorf expressed concern that a fixed number would not grow with the population. Co-Chair Therriault noted that the Green Party had 3,088 registered voters. Representative Grussendorf suggested that the legislation grandfather in all the major recognized parties in the State. Co-Chair Therriault noted that 3,088 is less than 1 percent of the registered voters in the State. Representative Martin observed that the State of Alaska has a high percentage of voter's registration due to the Permanent Fund Dividend Program. He spoke in support of basing political party status on a percentage of those that voted, rather than on registered voters. Representative Davies cited statistics of other states requirements for the granting of political party. He demonstrated that other requirements by other states vary from one-twentieth of one percent to one percent of registered voters. 4 JACK COGHILL, CHAIRMAN, ALASKA INDEPENDENT PARTY, testified via the teleconference network in support of HB 112. He observed that the legislation provides two avenues to retain political party status. He stressed that there would be savings in the Division of Elections if small parties do not have to run a candidate. He noted that it is the goal of AIP to build political strength. He observed that AIP would not run a candidate, in the next gubernatorial election, if they did not have to do so to retain their status. Representative Davies noted that AIP could support the Republican candidate for Governor and still retain their status. He observed that, under the legislation, the Green Party would have to run a candidate to retain their status as a political party. Mr. Coghill noted that AIP wants to be able to build a foundation for a political structure, in order to challenge the political process in future years. In response to a question by Representative Davies, Mr. Coghill noted that he would support the substitution of one- percent of registered voters. In response to a question by Representative Grussendorf, Ms. Fenumiai explained that supports of the Liberation Party and the Constitutional Party are listed under the "other" category. Representative Grussendorf observed that these parties would not be likely to support AIP since they will be busy trying to gain recognition for their own party. SCOTT KOHLHASS, ALASKA LIBERTARIAN PARTY, FAIRBANKS testified via the teleconference network in support of HB 112. He noted that the legislation opens new avenues for obtaining political party status. He pointed out that Alaska is one of the more difficult states to obtain ballot access. He noted that in some other states sufficient ballot signatures result in full party status. He asked why small parties are required to petition for each office as a limited political party. In response to a question by Representative Davies, Mr. Kohlhass noted that he would support the substitution of one-percent of the registered voters. He maintained that requiring 10,000 registered voters, for a political party to retain its legal status without running a gubernatorial candidate, is "oppressive." Co-Chair Therriault noted that the Division of Elections would need computer modifications. Mr. Kohlhass observed that the Alaska Civil Liberties Union 5 has advocated that one-tenth of one percent of the vote be required to maintain ballot status. KEVIN MORFORD, MEMBER, GREEN PARTY testified via the teleconference network. He noted that he is an attorney. He emphasized that the legislation addresses important constitutional rights. (Tape Change, HFC 97-52, Side 2) Mr. Morford noted that there are two ways to get on the ballot. A candidate can run as a member of a recognized political party with ballot access or by nominating petition. The legislation will not change the manner in which political parties are able to initially qualify for ballot access. He observed that a party could register voters until they have ballot access. He noted that the Green Party is the only registered party that could not maintain its status without running a candidate for governor. He stressed the importance of maintaining a level playing field. Mr. Morford referred to the sponsor statement for HB 112. He noted that the sponsor statement concludes that the legislation would result in Alaska's governors being elected by a larger plurality of voters. He observed the intent of the bill is to cut down on the number of candidates for governor, and thereby achieve elections in which governors are more likely to be elected by a majority. He maintained that it is not legitimate to try to cut down on the number of candidates by limited ballot access. He suggested that multiple ballots could be utilized to achieve plurality. He maintained that the 10,000 requirement is not justified. He pointed out that 50 percent of Alaskan registered voters are not affiliated with a party. He noted that there were more votes cast for the Green Party than were registered members of the party. He stated that it does not make sense to require a higher number to be registered for a party than the amount it received in a general election. Mr. Morford suggested the adoption of uniform rules, an even playing field and that ballot access be based on reasonable numbers. He supported the use of 3 percent of the vote or a smaller number of registered voters. JIM SYKES, GREEN PARTY testified via the teleconference network. He acknowledged the need for other criteria to be considered. He questioned why other statewide races are not counted equally. He provided members with a memorandum presenting three options for amendment to HB 112 (attachment 1). He spoke in support of the amendments. He noted that AIP and the Green Party received more than 3 percent of the 6 vote in several previous statewide races. Option B, under the proposed amendments, would require that a political party run at least three legislative races and receive 3 percent of the vote. He agreed that it takes a lot of time and energy to run races. He maintained that a requirement for 10,000 registered voters is different from the way any other states operate. He spoke in support of a registration requirement of one percent of the registered voters. He observed that the Alaska Supreme Court has a record of striking down unreasonable ballot access requirements. He urged the Committee to replace the requirement for 10,000 with the suggestions contained in Attachment 1. He noted that there are ballot options that would allow voters to prioritize their choices to allow a majority to be obtained. He emphasized that the Green Party should receive the same treatment as other parties. Representative Vezey clarified that the 10,000 requirement was based on, what was at that time, 3 percent of the registered voters. He clarified that the legislation is not about ballot access. He maintained that the legislation is about the ability to maintain political party status without being on the ballot. He observed that political parties could have any number of gaming permits. He questioned if the Legislature wants to make it easy for inactive political parties to have access to gaming permits. Representative Martin agreed with comments by Representative Vezey. He suggested that political parties not be allowed to have pull-tab permits. Representative Davies provided members with Amendment 1 (copy on file). Representative Davies MOVED to adopt Amendment 1. Representative Martin OBJECTED. Representative Davies explained that Amendment 1 would allow a political party to run in three other statewide races as a means to validate its status as a party. Representative Vezey spoke against the amendment. A roll call vote was taken on the MOTION. IN FAVOR: Davies Grussendorf, Moses OPPOSED: Davis, Foster, Kelly, Martin, Therriault, Hanley Representatives Mulder and Kohring were absent for the vote. The MOTION FAILED (3-6). Co-Chair Hanley MOVED to adopt Amendment 2 (copy on file). He explained that Amendment 2 would provide that a political party have registered voters equal to 3 percent of the votes cast for governor at the proceeding general election. He observed that this is a lower standard than three percent of 7 the registered voters. The number would fluctuate based on the number of registered voters. Representative Davies MOVED to AMEND Amendment 2; delete "three-percent" and insert "one-percent." Co-Chair Therriault OBJECTED. Representative Davies spoke in support of the amendment. He noted that the amount would require that a party have 6,400 registered voters, before it could retain its legal status without running a gubernatorial candidate. He stressed that 6,400 would be greater than the Green Party currently has registered. He observed that one- percent would require that a party have 2,200 registered voters. He stated that this would be equal to the highest standard of any state in the nation. Co-Chair Hanley spoke against the amendment. He pointed out that one-percent of the registered voters is more than one- percent of the vote. He maintained that three-percent is a defensible number. He stressed that it is less restrictive. Representative Martin spoke against the amendment. Representative Davies emphasized that the Green Party has consistently received more votes than its share of registered voters. He maintained that Alaskans value their privacy. A roll call vote was taken on the MOTION to amend Amendment 2. IN FAVOR: Davies Grussendorf, Moses OPPOSED: Davis, Foster, Kelly, Martin, Therriault, Hanley Representatives Mulder and Kohring were absent for the vote. The MOTION FAILED (3-6). Co-Chair Hanley clarified that the amendment pertains to votes at the last gubernatorial election. There being NO OBJECTION, Amendment 2 was adopted. Representative Davies MOVED to adopt Amendment 3 (copy on file). Co-Chair Therriault OBJECTED. He explained that the amendment clarifies that, once a party reaches legal status, it retains legal status until it fails to have registered numbers equal to that percentage. Representative Vezey spoke against the amendment. Representative Davies MOVED to AMEND Amendment 3, delete "one-percent" and insert "three-percent" on lines 6 and 9. Co-Chair Hanley observed that the amendment is based on registered voters. He summarized that the amendment 8 eliminates the ability to qualify with the 3-percent of the votes cast for a gubernatorial candidate. He stressed that the amendment would be more limiting. He observed that, under the amendment, the Green Party would not be able to put up a candidate for governor. While Representative Davies considered Amendment 3, Ms. Fenumiai discussed the fiscal note by the Office of the Lieutenant Governor. She explained that the Division would need to modify their computer system to track additional parties. In response to a question by Co-Chair Therriault, Ms. Fenumiai explained that the code table would require updates. She observed that voter registration reports and voter cards would also have to be modified. She clarified that the Division could not retrace voter records. Representative Davies suggested that the amendment should be worded to allow the current provision or the provision contained in Amendment 3. He WITHDREW Amendment 3. Representative Foster MOVED to report CSHB 112 (FIN) out of Committee with individual recommendations and with the accompanying fiscal notes. Representative Davies OBJECTED. He maintained that the legislation would allow AIP to not run a candidate and require the Green Party to run a candidate. The Green Party would be required to registered 50 percent more voters in order to not run a candidate. He stated that the bill could be interpreted to have political intent. A roll call vote was taken on the MOTION. IN FAVOR: Davis, Foster, Kelly, Kohring, Martin, Therriault, Hanley OPPOSED: Davies, Grussendorf, Moses Representative Mulder was absent for the vote. HB 112 was reported out of Committee with a "do pass" recommendation and with a fiscal impact note by the Office of the Lieutenant Governor, dated 2/26/97; and with a zero fiscal note by the Department of Revenue, dated 2/26/97. HOUSE BILL NO. 145 "An Act relating to certification of teachers." REPRESENTATIVE CON BUNDE, SPONSOR testified on behalf of HB 145. He maintained that there is a lack of faith in the system. He was a participant in an Anchorage education focus group. The focus group agreed on the importance of public confidence in teachers and the quality of education. He observed that the legislation is a screening devise to 9 remove teachers who are not well qualified. Teachers must pass a basic screening test before they can receive their Type A teaching certificate in Alaska. He observed that, currently, the only requirement for a Type A teaching certificate is a college degree. In addition to the screening test, school districts apply their own criteria for teachers. He clarified that the legislation does not represent an attempt to tell local districts who they must hire. He emphasized that the legislation will provide assurance that applicants are competent. Teachers will still be chosen through an interview process. In response to a question by Representative Martin, Representative Bunde clarified that a Bachelors of Science degree in Education does not provide a teaching certificate in the State of Alaska. The graduate still has to come to the State of Alaska and demonstrate that they have a teaching certificate. Representative Martin assumed that graduates of the University of Alaska would be competent. Co-Chair Therriault observed that the test would also screen out-of- state candidates. Representative Martin noted that attitude and experience are needed to make a good teacher. He thought that the legislation would make it more difficult to get qualified teachers. Representative Grussendorf suggested that teachers be required to pass the examination within their first year of employment. He expressed concern that there would be a bottleneck during hiring. Representative Bunde observed that most hiring takes place in early spring. Candidates would have 4 - 5 months to pass the examination. Representative Bunde stated that openings occur during mid- year. He noted that available teachers, in Alaska today, number in the hundreds. He acknowledged that there needs to be flexibility for short-term emergency contracts. Representative Grussendorf observed that there are situations where teachers provide notification that they will not fulfill their contract just before the school year. Representative Bunde added that additional teachers might be needed in the beginning of the school year due to an increase in enrollment. He emphasized that the intent is not to "tie the hands of school districts." He maintained that the examination would be part of the process of achieving a Type A teaching certificate. 10 JOHN CYR, NEA-ALASKA, explained that if a district can demonstrate that they cannot find a person who is certified, they can ask for an emergency certificate. Emergency teaching certificates are issued for one year. Representative Grussendorf reiterated concerns that school boards have plenty of time to field a full academic team. NANCY BUEHL, DEPARTMENT OF EDUCATION explained that there is an emergency certificate process. The District would have to demonstrate that they advertised for a person and could not secure a qualified applicant. She noted that the Department receives 3 to 4 emergency applicants a year. Emergency certificates tend to be mid-year and from rural districts. She stressed that it is possible to make provisions for emergency situations in regulations. She observed that the commissioner can issue a provisional certificate for Alaskan studies if there are extenuating circumstances. She stated that similar regulations can be written in response to the legislation. Representative Martin asked how the test would be implemented. Representative Bunde interjected that the legislation would only pertain to those that have not received their Type A certificate. Ms. Buehl added that the Department does not intend to administer the test. The Department, through the Board of Education, would select a nationally recognized test that is administered by a testing company. She stated that the test would be administered similar to the bar exam. Representative Bunde noted that 40 other states have some form of certification test. Representative Therriault noted that most states use the Praxis test. Ms. Buehl observed that the Praxis test is undergoing revision. In response to a question by Representative Martin, Mr. Cyr explained that there are two types of substitute teachers. certificated substitute teachers hold a valid Alaskan Type A certificate. Districts also have non-certificated substitutes that are under supervision of the site supervisor. The legislation only applies to those that are seeking initial certification. In response to a question by Representative Davis, Representative Bunde explained that those with Type A teaching certificates would not be affected by the legislation. Representative Martin noted that rural communities might not have replacements to fill vacancies. Representative Bunde 11 emphasized that screen tests are important in emergency situations. Ms. Buehl reviewed the emergency certification process. The superintendent sends a letter to the commissioner of the Department of Environmental Conservation. Generally, requests are acted on the same day that they are received. Emergency certifications are used when a district can not locate a certified teacher but has located someone that has some qualification. The commissioner acts on each case separately. She could did not remember a case that was not granted within a couple of days. The district must advertise the position for two weeks as a condition of the regulation. In response to a question by Representative Davis, Ms. Buehl noted that tests are commonly given four times a year. Representative Davis stressed that there are a lot of intangibles that teachers need. Representative Bunde discussed alternative routes to certification. He noted that a program for alternative certification was dropped due to a lack of interest. Ms. Buehl noted that a high percentage of minorities do not pass these tests on the first or second attempt. She observed that Oregon discovered that a similar requirement lowered the available pool. She emphasized that the Department will make sure that the test that is chosen does not suffer from inherent bias and is available to those with disabilities. She stressed that the test must be carefully chosen. She clarified that the alternative certification program was discontinued due to a lack of funding. She thought that there would be interest in the program if funding were available. Representative Davies asked if there are tests available in multiform that address the issue of inherent bias. Ms. Buehl observed that there are at least two other states that have engaged in development with test companies to lower bias for student populations. She was not aware of a teacher screening test that would eliminate bias. She acknowledged that it is a significant concern. Representative Davies asked if there is evidence that similar screening requirements have resulted in an increase in competency and public confidence in the educational process. Representative Bunde observed that the State of California found that some applicants could not spell at the sixth grade level. He spoke in support of a minimum level of literacy. 12 Representative Martin expressed concern that the examination will be an obstacle to Native applicants. He spoke in support of encouraging Nataive teachers. Mr. Cyr noted that there are only five states that do not have some type of assessment for an initial certificate. He emphasized that the way to get minority teachers is to work with them within their community. He stressed that it is a disservice to the Native community to say that the Native community cannot take a test. In response to a question by Representative Davies, Mr. Cyr maintained that an initial screening is important. Ms. Buehl did not think that the requirement would be particularly controversial. Representative Davies discussed the tenure process. Representative Bunde maintained that three years is too long to employ an incompetent teacher. Mr. Cyr observed that the examination provides the initial license. School districts would still evaluate practicing teachers for tenure. (Tape Change, HFC 97-53, Side 2) Representative Bunde observed that the test would be administered in two levels. The first level would demonstrate competency for elementary subjects. The second level would test competency to teach math, English, or science. He acknowledged that good teachers have a "calling". He observed that students are screened during the college process. Co-Chair Therriault referred to the fiscal note by the Department of Education. He observed that the Department has reduced the fiscal note. Ms. Buehl explained that the fiscal note was revised to reflect that the Department will not administer the test. Co-Chair Therriault pointed out that the Department would still control the contract with the private sector. He stated that fees would be paid to the Department, then the Department would contract with the test provider. Program receipts would come and contractual money would be appropriated. Ms. Buehl stated that the original fiscal note dated 3/5/97 would reflect this process. In response to a question by Co-Chair Therriault, Ms. Buehl explained that the Board of Education would need to meet more frequently in order to select the test and establish cut-off scores. She emphasized that the cut-off must be a legally defensible cut-off. She emphasized the complexity 13 of validating the test. She clarified that the $40 thousand dollar travel request would pay for the Board, staff and technical advisors. The second page of the fiscal note details the travel costs. Co-Chair Therriault questioned the request of $77 thousand dollars for personal services. Ms. Buehl noted that several positions are associated with this request. She observed that a portion of this request would go to test selection and review. She stated that the request is spread over existing people plus a temporary position during the selection period. A temporary education associate will be hired for part of the year. Co-Chair Therriault pointed out that part of their request funds personnel that are already contained in the budget. In response to a question by Representative Martin, Ms. Buehl noted that certification fees could be raised. She stated that the current fee is not sufficient to support the costs. She noted that 4,500 applicants would be affected per year. In response to a question by Co-Chair Therriault, Ms. Buehl explained that continuing personal service costs were included to cover additional data input. She stated that existing staff would have to be taken off of some other task. Co-Chair Therriault observed that the State does not pay for the same position more than once. Ms. Buehl noted that options available to the Department; existing personnel would have to quit doing something, redeploy a clerk that is in some other division, add a long term non-permanent position, or add a new position. Co- Chair Therriault stressed that fiscal notes are supposed to reflect new general fund dollars. HB 145 was HELD in Committee for further consideration. ADJOURNMENT The meeting adjourned at 4:30 p.m. 14
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