Legislature(1993 - 1994)
04/28/1994 08:35 AM 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
April 28, 1994
8:35 a.m.
TAPE HFC 94-144, Side 1, #000 - end.
TAPE HFC 94-144, Side 2, #000 - 241.
CALL TO ORDER
Co-Chair Larson called the House Finance Committee to order
at 8:35 a.m.
PRESENT
Co-Chair Larson Representative Hoffman
Co-Chair MacLean Representative Martin
Vice-Chair Hanley Representative Navarre
Representative Brown Representative Parnell
Representative Foster Representative Therriault
Representative Grussendorf
ALSO PRESENT
Representative Jerry Mackie; Jim Gasper, Attorney, Public
Safety Employees Association, Anchorage.
SUMMARY INFORMATION
HB 457 "An Act making appropriations to satisfy the
monetary terms of certain collective bargaining
agreements for certain public safety employees
under an arbitrator's decision; and providing for
an effective date."
HB 457 was reported out of Committee with
individual recommendation.
SB 312 "An Act relating to school construction grants;
and providing for an effective date."
HCS CSSB 312 (FIN) was reported out of Committee
with individual recommendation and with two zero
fiscal notes by the Department of Education.
SENATE BILL NO. 312
"An Act relating to school construction grants; and
providing for an effective date."
REPRESENTATIVE JERRY MACKIE spoke in support of CSSB 312
(HES) am. He noted that under current law the Department of
Education must accept or reject the total school
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construction project. A project can only be rejected if
found to not be "in the best interests of the state." He
observed that CSSB 312 (HES) am would allow the Department
of Education to modify or revise the scope of submitted
projects to assure that schools are adequately sized for the
community to be served. In addition, CSSB 312 (HES) am
would allow the Department of Education to require that
school construction projects be phased in.
Representative Mackie noted that the bill was amended in the
Senate. The first amendment allows a school term to begin
and end on dates fixed by the governing body of a school
district, as long as the term is equivalent to not less than
180 days. The second amendment would create four pilot
projects for special education services. He asserted that
the legislation will allow more, smaller and efficient
schools to be built.
Representative Brown provided members with AMENDMENT 1 (copy
on file). She explained that the amendment would expand
pilot projects to allow inclusion of intensive students.
The amendment would increase the number of pilot programs
from four to six.
DUANE GUILEY, FINANCE DIRECTOR, DEPARTMENT OF EDUCATION
expressed concern with the inclusion of intensive students.
He noted that intensive students already have an
individualized education program. He noted that the purpose
of the pilot is to reduce the number of students identified
as special education students in order to prevent labels
being attached to students. He emphasized that early
intervention can prevent students from receiving the label
of a resource room student. He stressed that the addition
of "intensive" students would make it more difficult to
evaluate application and to provide measurable gains. He
noted that the department supports the expansion to eight
pilot programs. He added that if the amendment is adopted
the department would write strict guidelines determining
when intensive students would be included.
Representative Brown MOVED to ADOPT AMENDMENT 1. Co-Chair
MacLean MOVED to DIVIDE the question. There being NO
OBJECTION, it was so ordered. The amendment was divided
into two parts. Amendment 1A would delete "four" and insert
"eight" on page 3, line 31. Amendment 1B would insert "or
intensive" on page 3, line 17.
Co-Chair MacLean MOVED to ADOPT AMENDMENT 1A. There being
NO OBJECTION, it was so ordered.
Representative Brown MOVED to ADOPT AMENDMENT 1B. She
emphasized that the bill states that "the project is
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designed to demonstrate appropriate alternative methods to
meet the educational needs of (A) students who would
otherwise receive resource and self-contained services and
generate funding at those levels." She stressed that the
issue is how funding is distributed under the foundation
formula. The amendment would allow funding to follow a
severely disabled child if they participate in the pilot
project.
Representative Grussendorf spoke in support of
"mainstreaming" intensive students. Representative Brown
observed that the amendment would allow students that must
have an aide with them at all times to spend 1 or 2 hours in
classes with other levels of students.
A roll call vote was taken on the motion to adopt AMENDMENT
1B.
IN FAVOR: Parnell, Brown, Foster, Hanley, Martin, Larson
OPPOSED: Therriault, Grussendorf, Navarre, MacLean
Representative Hoffman was absent from the vote.
The MOTION PASSED (6-4).
In response to a question by Representative Hanley, Mr.
Guiley discussed sections 2 and 3. He noted that section 2
will sunset after June 1, 1994. Section 3 will extend the
sunset date on the provision to allow school districts to
adopt a school term of less than 180 days if the
commissioner approves the use of up to 10 in-service days or
a plan to provide the educational equivalent of a 180 day
term. Members discussed the provisions of section 3.
Representative Navarre noted that the provision in current
law was adopted to allow rural villages to pursue cultural
and religious activities.
Co-Chair MacLean MOVED to report HCS CSSB 312 (FIN) out of
Committee with individual recommendations and with the
accompanying fiscal notes. There being NO OBJECTION, it was
so ordered.
HCS CSSB 312 (FIN) was reported out of Committee with
individual recommendation and with two zero fiscal notes by
the Department of Education.
HOUSE BILL NO. 457
"An Act making appropriations to satisfy the monetary
terms of certain collective bargaining agreements for
certain public safety employees under an arbitrator's
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decision; and providing for an effective date."
TERRY CRAMER, LEGAL COUNSEL, DIVISION OF LEGAL SERVICES
explained that if the legislature failed to pass HB 457 but
did pass an operating budget that funded the salaries at
some level for public safety employees, the action on salary
would constitute approval of the monetary terms of the
arbitrated agreement. In order to disapprove the terms of
collective bargaining, the legislature would need to adopt
language to the effect of, "failure of the legislature to
make a special appropriation to fund the collective
bargaining contract, constitutes disapproval of the monetary
terms. The legislature cannot disapprove the contract
through its inaction.
Co-Chair Larson summarized that adoption of the Department
of Public Safety's budget contained in HB 370 would
constitute an action that would put the terms of the
arbitrator into effect. Ms. Cramer agreed that the action
would obligate the state to pay at the negotiated level.
Ms. Cramer clarified that the legislature cannot selectively
approve of terms in the collective bargaining contract. The
legislature must approve or disapprove of the total
contract.
JIM GASPER, ATTORNEY, PUBLIC SAFETY EMPLOYEES ASSOCIATION
spoke in support of HB 457. He noted that AS 23.40.215
requires that the legislature make a determination within 60
days. He emphasized that the Alaska Supreme Court has ruled
that the ultimate arbitrator's award is final and binding.
He maintained that the findings are binding on the executive
branch. He stressed that there are no opportunities to
renegotiate the basic terms of the agreement. He noted that
once the arbitrator's ruling has been given there is no
authority to resubmit the ruling for reconsideration. He
accentuated that the legislature can only approve or
disapprove of the monetary terms of the agreement.
Representative Martin asserted that the legislature's
constitutional power of appropriation is being challenged.
Mr. Gasper discussed court rulings regarding the terms of
contractual relationship created under collective bargaining
and the legislature's constitutional right of appropriation.
He concluded that the contractual relationship created under
collective bargaining does not infringe on the legislature's
appropriation ability.
Representative Hanley stressed that approval is an advisory
expression of legislative intent and that disapproval may
result in renegotiation. He observed that the legislature
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must approve or disapprove of the contract. He emphasized
that it is not appropriate to do nothing.
Representative Hanley MOVED to report HB 457 out of
Committee with individual recommendations.
Representative Martin expressed concern regarding the
legislature's ability to control funding.
(Tape Change, HFC 94-144, Side 2)
Co-Chair Larson emphasized that appropriation bills are
handled at the end of the legislative session. He
maintained that it is not the legislature's responsibility
to negotiate contracts. He observed that the legislature
has been faced with hard decisions regarding reductions in
the Department of Public Safety's operating budget. He
expressed concern that proponents of the legislation were
abusive to committee staff.
Co-Chair MacLean expressed concern with the monetary terms
of the bargaining agreement.
Representative Martin noted that other public employees have
not received cost of living increases.
Representative Navarre observed that collective bargaining
and binding arbitration statutes have not been revisited in
a long time. He stressed that statutes provide that the
legislative appropriation approval is the final aspect of
the collective bargaining process. He expressed concern
with reductions to the Department of Public Safety's
operating budget. He noted that arbitrators have
consistently ruled in favor of the employees. He stated
that as part of the collective bargaining process, and with
the financial situation in the state, the legislature must
say "no" at some point.
Representative Navarre OBJECTED to the motion to move HB 457
from Committee. A roll call vote was taken on the motion.
IN FAVOR: Brown, Hanley, Martin, Parnell, Grussendorf
MacLean, Larson
OPPOSED: Therriault, Navarre
Representatives Hoffman and Foster were absent from the
vote.
The MOTION PASSED (7-2).
HB 457 was reported out of Committee with individual
recommendation.
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ADJOURNMENT
The meeting adjourned at 9:40 a.m.
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