Legislature(1993 - 1994)

03/16/1993 03:00 PM HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                               
           HOUSE HEALTH, EDUCATION AND SOCIAL SERVICES                         
                       STANDING COMMITTEE                                      
                         March 16, 1993                                        
                            3:00 p.m.                                          
                                                                               
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
  Rep. Cynthia Toohey, Co-Chair                                                
  Rep. Con Bunde, Co-Chair                                                     
  Rep. Gary Davis, Vice Chair                                                  
  Rep. Al Vezey                                                                
  Rep. Pete Kott                                                               
  Rep. Harley Olberg                                                           
  Rep. Bettye Davis                                                            
  Rep. Tom Brice                                                               
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
  Rep. Irene Nicholia                                                          
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
  *HB 189:  "An Act relating to the charging, prosecuting, and                 
            sentencing of certain minors concerning offenses                   
            of murder in the first degree, attempted murder in                 
            the first degree, murder in the second degree, and                 
            certain other offenses; and providing for an                       
            effective date."                                                   
                                                                               
            PASSED WITH INDIVIDUAL RECOMMENDATIONS                             
                                                                               
  HB 82:    "An Act relating to school construction grants and                 
            major maintenance grants to school districts;                      
            providing for school district participation in the                 
            cost of school construction and major maintenance;                 
            creating a major maintenance grant fund; and                       
            providing for an effective date."                                  
                                                                               
            HEARD AND HELD TO TIME UNCERTAIN                                   
                                                                               
  HB 83:    "An Act making appropriations for construction and                 
            major maintenance of schools; and providing for an                 
            effective date."                                                   
                                                                               
            NOT HEARD                                                          
                                                                               
  (* First public hearing.)                                                    
                                                                               
                                                                               
  WITNESS REGISTER                                                             
                                                                               
  CHARLES COLE                                                                 
  Attorney General                                                             
  P.O. Box 110300                                                              
  Juneau, Alaska 99811-0300                                                    
  Phone:  (907) 465-3600                                                       
  Position Statement:  Testified in favor of HB 189                            
                                                                               
  MARGOT KNUTH, Assistant Attorney General                                     
  Department of Law                                                            
  P.O. Box 110300                                                              
  Juneau, Alaska 99811-0300                                                    
  Phone:  (907) 465-4049                                                       
  Position Statement:  Testified in favor of HB 189                            
                                                                               
  SHERRIE GOLL, Lobbyist                                                       
  Alaska Women's Lobby; KIDPAC                                                 
  P.O. Box 22156                                                               
  Juneau, Alaska 99802                                                         
  Phone:  (907) 463-6744                                                       
  Testified in favor of HB 189                                                 
  Position Statement:  Testified in favor of HB 189                            
                                                                               
  GARY BADER, Director                                                         
  Division of Administrative Services                                          
  Department of Education                                                      
  801 W. 10th St.                                                              
  Juneau, Alaska 99801-1894                                                    
  Phone:  (907) 465-2875                                                       
  Position Statement:  Answered questions on HB 82, HB 83                      
                                                                               
  KATHI GILLESPIE, President                                                   
  Alaska Parent-Teacher Association                                            
  2741 Seafarer Loop                                                           
  Anchorage, Alaska, 99516                                                     
  Phone:  (907) 345-5335                                                       
  Position Statement:  Testified in favor of HB 82, HB 83                      
                                                                               
  RICHARD M. SWARNER                                                           
  Executive Director, Business Management                                      
  Kenai Peninsula Borough School District                                      
  44955 Ptarmigan Place                                                        
  Soldotna, Alaska 99699                                                       
  Phone:  (907) 262-4056                                                       
  Position Statement:  Testified in favor of HB 82, if amended                 
                                                                               
                                                                               
  PREVIOUS ACTION                                                              
                                                                               
  BILL:  HB 189                                                                
  SHORT TITLE: SERIOUS CRIMES BY MINORS                                        
  BILL VERSION:                                                                
  SPONSOR(S): RULES BY REQUEST OF THE GOVERNOR                                 
                                                                               
  TITLE: "An Act relating to the charging, prosecuting, and                    
  sentencing of certain minors concerning offenses of murder                   
  in the first degree, attempted murder in the first degree,                   
  murder in the second degree, and certain other offenses; and                 
  providing for an effective date."                                            
                                                                               
  JRN-DATE    JRN-PG                     ACTION                                
  03/01/93       491    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  03/01/93       491    (H)   HES, JUDICIARY, FINANCE                          
  03/01/93       491    (H)   -3 ZERO FNS (ADM, ADM, CORR)                     
                              3/1/93                                           
  03/01/93       491    (H)   -3 ZERO FNS (DHSS, LAW, DPS)                     
                              3/1/93                                           
  03/01/93       491    (H)   GOVERNOR'S TRANSMITTAL LETTER                    
  03/16/93              (H)   HES AT 03:30 PM CAPITOL 106                      
                                                                               
                                                                               
  BILL:  HB  82                                                                
  SHORT TITLE: SCHOOL CONSTRUCTION & MAINTENANCE GRANTS                        
  BILL VERSION:                                                                
  SPONSOR(S): RULES BY REQUEST OF THE GOVERNOR                                 
                                                                               
  TITLE: "An Act relating to school construction grants and                    
  major maintenance grants to school districts; providing for                  
  school district participation in the cost of school                          
  construction and major maintenance; creating a major                         
  maintenance grant fund; and providing for an effective                       
  date."                                                                       
                                                                               
  JRN-DATE    JRN-PG                     ACTION                                
  01/22/93       131    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  01/22/93       132    (H)   HES, FINANCE                                     
  01/22/93       132    (H)   -FISCAL NOTE  (DOE) 1/22/93                      
  01/22/93       132    (H)   -2 ZERO FNS (DOT, REV) 1/22/93                   
  01/22/93       132    (H)   GOVERNOR'S TRANSMITTAL LETTER                    
  02/09/93              (H)   HES AT 03:00 PM CAPITOL 106                      
  02/09/93              (H)   MINUTE(HES)                                      
  03/09/93              (H)   HES AT 03:00 PM CAPITOL 106                      
  03/09/93              (H)   MINUTE(HES)                                      
  03/16/93              (H)   HES AT 03:30 PM CAPITOL 106                      
                                                                               
                                                                               
  BILL:  HB  83                                                                
  SHORT TITLE: APPROP:SCHOOL CONSTRUCTION GRANT FUND                           
  BILL VERSION:                                                                
  SPONSOR(S): RULES BY REQUEST OF THE GOVERNOR                                 
                                                                               
  TITLE: "An Act making appropriations for construction and                    
  major maintenance of schools; and providing for an effective                 
  date."                                                                       
                                                                               
  JRN-DATE    JRN-PG                     ACTION                                
  01/22/93       134    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  01/22/93       134    (H)   HES, FINANCE                                     
  01/22/93       134    (H)   -REVENUE FN (REV)  1/22/93                       
  01/22/93       134    (H)   -ZERO FISCAL NOTE  (DOT)                         
  01/22/93       134    (H)   GOVERNOR'S TRANSMITTAL LETTER                    
  02/09/93              (H)   HES AT 03:00 PM CAPITOL 106                      
  02/09/93              (H)   MINUTE(HES)                                      
  03/09/93              (H)   HES AT 03:00 PM CAPITOL 106                      
  03/09/93              (H)   MINUTE(HES)                                      
  03/16/93              (H)   HES AT 03:30 PM CAPITOL 106                      
                                                                               
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
  TAPE 93-37, SIDE A                                                           
  Number 000                                                                   
                                                                               
  CHAIR BUNDE called the meeting to order at 3:36 p.m., noted                  
  members present, announced the calendar, and announced the                   
  meeting was being teleconferenced to Anchorage, Soldotna,                    
  Tok, Valdez and Healy.                                                       
  HB 189 - SERIOUS CRIMES BY MINORS                                            
                                                                               
  CHARLES COLE, ALASKA ATTORNEY GENERAL, testified in Juneau                   
  in support of HB 189.                                                        
                                                                               
  Number 062                                                                   
                                                                               
  CHAIR BUNDE noted that the committee had heard HB 100 and                    
  passed it, but it had been replaced by SB 54.                                
                                                                               
  Number 070                                                                   
                                                                               
  ATTORNEY GENERAL COLE said the administration supports                       
  HB 189 because it was simpler and more straightforward than                  
  other bills.  He referred to a chart showing the many                        
  unclassified and class A felonies to which SB 54 applied.                    
  He said that while in some senses SB 54 was acceptable, he                   
  said it was harder to administer and was beyond what the                     
  Department of Law wanted to see at that time.  He said it                    
  might be better to limit the automatic waiver of minors to                   
  charges of first-degree murder, second-degree murder, and                    
  attempted first-degree murder.  He said it would be a good                   
  idea to keep the current law in effect for some offenses,                    
  which was well suited for offenses other than murder, to                     
  allow time to see how the new waiver requirements worked in                  
  practice.                                                                    
                                                                               
  (Rep. B. Davis arrived at 3:40 p.m.)                                         
                                                                               
  Number 123                                                                   
                                                                               
  MARGOT KNUTH, ASSISTANT ATTORNEY GENERAL IN THE DEPARTMENT                   
  OF LAW'S CRIMINAL DIVISION, testified in Juneau in support                   
  of HB 189.  She said that juvenile waivers create problems                   
  in where to place waived juveniles before trial, where to                    
  place them after trial if convicted of only minor offenses,                  
  and what to do if the juvenile wants to try to demonstrate                   
  amenability to rehabilitation before age 20.  These problems                 
  prompted the Department of Law to support automatic waiver                   
  for murder charges, as the fact that such charges have even                  
  been made is an indication that the juvenile's chances of                    
  rehabilitation before age 20 are minimum.  Lesser charges                    
  carry no assurance that the juvenile involved was not                        
  amenable to rehabilitation.  The current system requires                     
  prosecutors to prove a juvenile is not amenable to                           
  rehabilitation, a problem that will need to be addressed                     
  later, she said.  Until then, the automatic waivers for some                 
  charges are a good start in the right direction.                             
                                                                               
  Number 170                                                                   
                                                                               
  REP. VEZEY asked if Ms. Knuth recalled whether the state had                 
  ever shown a person was not amenable to rehabilitation.                      
                                                                               
  Number 175                                                                   
                                                                               
  MS. KNUTH answered that the state prevails in more than half                 
  of the cases in which it seeks to waive juveniles into adult                 
  court, though it is careful of the cases for which it                        
  requests waivers.  The state ultimately wins most waiver                     
  hearings for murder cases, she said.  A juvenile's earlier                   
  involvement in court proceedings was a good indication that                  
  he was not amenable to rehabilitation.                                       
                                                                               
  Number 200                                                                   
                                                                               
  SHERRIE GOLL, LOBBYIST for the ALASKA WOMEN'S LOBBY and                      
  KIDPAC, testified in Juneau in support of HB 189.  She said                  
  that while the Women's Lobby generally opposed automatic                     
  waivers, she acknowledged that both the governor and                         
  administration supported the bill, which she said was a more                 
  reasonable approach to the issue than SB 54.  She expressed                  
  support for the current system, but said HB 189 was a                        
  reasonable approach.                                                         
                                                                               
  (Rep. Brice arrived at 3:48 p.m.)                                            
                                                                               
  Number 220                                                                   
                                                                               
  CHAIR BUNDE asked for more public testimony, and hearing                     
  none, closed public testimony on HB 189.  He asked whether                   
  the committee wanted to discuss the bill further.                            
                                                                               
  Number 231                                                                   
                                                                               
  REP. VEZEY asked the status of HB 100, which the committee                   
  had passed earlier in the session.                                           
                                                                               
  CHAIR BUNDE said the bill had been passed to the House                       
  Judiciary Committee, where it was replaced by SB 54.                         
                                                                               
  REP. VEZEY asked if there was a committee substitute for                     
  SB 54.                                                                       
                                                                               
  CHAIR BUNDE said there was a CSSB 54, and HB 100 had not                     
  been passed out of the House Finance Committee.                              
                                                                               
  REP. VEZEY asked the source of the document on juvenile                      
  waivers which had earlier been handed out to the committee                   
  members.                                                                     
                                                                               
  CHAIR BUNDE answered that it had come from the attorney                      
  general's office.                                                            
                                                                               
  Number 250                                                                   
                                                                               
  ATTORNEY GENERAL COLE said he was concerned with other bills                 
  dealing with waivers for youths aged 15 or under.  He                        
  expressed reluctance to involve offenders that young into                    
  the criminal system too far and too fast, when there might                   
  be some hope of rehabilitation.  He said the system works                    
  well for offenders that young.  He said HB 189 allows the                    
  system to offer some help to juveniles who commit lesser                     
  crimes and who might benefit from rehabilitation.                            
                                                                               
  CHAIR BUNDE expressed a desire to see HB 189 pass to the                     
  House Judiciary Committee, which could then consider both                    
  HB 189 and SB 54.                                                            
                                                                               
  Number 285                                                                   
                                                                               
  REP. TOOHEY moved passage of HB 189 from the committee with                  
  individual recommendations.                                                  
                                                                               
  Number 290                                                                   
                                                                               
  CHAIR BUNDE asked for objections, and hearing none, declared                 
  HB 189 passed with individual recommendations.  He noted                     
  that he believed the fiscal notes for HB 189 would be large,                 
  while the committee had been provided zero fiscal notes.  He                 
  then brought HB 82 and HB 83 to the table.                                   
  HB 82 - SCHOOL CONSTRUCTION AND MAINTENANCE GRANTS                           
                                                                               
  HB 83 - APPROP: SCHOOL CONSTRUCTION GRANT FUND                               
                                                                               
  Number 307                                                                   
                                                                               
  GARY BADER, DIRECTOR OF THE DIVISION OF ADMINISTRATIVE                       
  SERVICES IN THE DEPARTMENT OF EDUCATION, testified in Juneau                 
  answering questions on HB 82 and HB 83.  He briefly                          
  described the provisions of HB 82 and HB 83, establishing                    
  major maintenance and construction grant funds, requiring a                  
  local contribution based on the district's tax base.  (The                   
  Department of Education gave a detailed presentation on the                  
  bills to the committee on February 9, 1993, the minutes for                  
  which are on file in the committee room.)                                    
                                                                               
  Number 338                                                                   
                                                                               
  KATHI GILLESPIE, PRESIDENT OF THE ALASKA PARENT-TEACHER                      
  ASSOCIATION, testified via teleconference from Anchorage,                    
  saying that the state of school construction and foundation                  
  funding of public schools had become the PTA's top statewide                 
  concern in 1993.  She said specific concerns included                        
  overcrowding and prioritization of life-safety-health                        
  issues, both addressed by HB 82.  If HB 82 were adequately                   
  funded, the PTA would support it, she said, but not if the                   
  current foundation formula priority list was not revised to                  
  address inequities.                                                          
                                                                               
  Number 370                                                                   
                                                                               
  CHAIR BUNDE asked if the Anchorage School District (ASD) had                 
  any specific suggestions concerning the priority list.                       
                                                                               
  MS. GILLESPIE mentioned the use of portable classrooms as                    
  one concern, as the structures are purchased and maintained                  
  through operating budgets.  She also noted the absence of                    
  fire sprinkler systems in all schools, though she                            
  acknowledged that not all schools had to be brought to the                   
  same standards.                                                              
                                                                               
  CHAIR BUNDE asked if there were ASD schools, other than                      
  O'Malley Elementary, which lacked fire sprinkler systems.                    
                                                                               
  MS. GILLESPIE answered that there were other schools that                    
  did not have fire sprinkler systems, and offered to send him                 
  the information.                                                             
                                                                               
  Number 379                                                                   
                                                                               
  RICHARD M. SWARNER, EXECUTIVE DIRECTOR FOR BUSINESS                          
  MANAGEMENT IN THE KENAI PENINSULA BOROUGH SCHOOL DISTRICT,                   
  testified via teleconference from Kenai in support of HB 82,                 
  if it were modified.  He suggested eliminating provisions                    
  for a five percent annual increase in a local district's                     
  local contribution for construction grants, but expressed                    
  support for the sliding scale for such contributions.  He                    
  suggested eliminating or modifying the elements in Section 5                 
  concerning criteria for grants, saying that the Kenai                        
  district's own prioritization of funding requests had not                    
  been followed by the Department of Education (DOE).                          
                                                                               
  CHAIR BUNDE asked a clarifying question about the Kenai                      
  school district's priorities for funding.                                    
                                                                               
  Number 303                                                                   
                                                                               
  MR. SWARNER stated that the district had prioritized its                     
  requests one way, but had seen the DOE change the order                      
  after receiving them.                                                        
                                                                               
  Number 412                                                                   
                                                                               
  REP. G. DAVIS asked whether all of Mr. Swarner's recommended                 
  changes were in a March 9 flier sent to the committee.                       
                                                                               
  MR. SWARNER said he had not sent the flier, and it might                     
  have come from the offices of the Kenai Peninsula Borough.                   
                                                                               
  REP. G. DAVIS asked whether the flier recommended deletion                   
  of page 2, section 3, lines 27-31, to eliminate the                          
  increases in the percentages of the required local                           
  contribution for state construction grants over three years.                 
                                                                               
  MR. SWARNER said yes.                                                        
                                                                               
  REP. G. DAVIS asked whether the flier recommended rewriting                  
  or eliminating page 4, section 5, so the DOE could start                     
  over with the priority process.                                              
                                                                               
  Number 428                                                                   
                                                                               
  MR. SWARNER said yes, and added that the local willingness                   
  to vote for bond issues for the local matching element of                    
  construction grants was an appropriate enough way to gauge                   
  local priorities.                                                            
                                                                               
  REP. G. DAVIS asked if he had recommended another change.                    
                                                                               
  MR. SWARNER said no, he had not.                                             
                                                                               
  Number 440                                                                   
                                                                               
  REP. G. DAVIS asked Mr. Bader his impression of Mr.                          
  Swarner's recommended amendments.                                            
                                                                               
  (Rep. Brice departed at 4:07 p.m.)                                           
                                                                               
  MR. BADER said, regarding the elimination of the sliding                     
  scale, that there was a possibility of having a fixed                        
  schedule, though he said the DOE would probably let the                      
  committee take the lead in proposing such changes, as they                   
  would require the smallest amount of matching funds.  He                     
  said the final match requirements should probably be larger                  
  than those set out in the first year of the sliding scale as                 
  set forth in HB 82.                                                          
                                                                               
  MR. BADER stated there had been much misunderstanding                        
  regarding the prioritization process.  He said the DOE was                   
  directed to place projects in categories, not rank them for                  
  funding according to those categories.  As a matter of                       
  policy, under the HB 37 process, the department has ranked                   
  the projects within the categories, then used the categories                 
  for ranking, too.  He said HB 82 directs that construction                   
  grants would fund health-life-safety projects, while                         
  protections of structures and code upgrades would be funded                  
  by a separate major maintenance fund.  He acknowledged that                  
  the DOE did not prioritize the same way as some local boards                 
  did, possibly because local boards considered some projects                  
  health-life-safety, while the DOE did not.                                   
                                                                               
  Number 490                                                                   
                                                                               
  REP. TOOHEY asked whether the DOE physically inspected all                   
  schools for which funding requests had been made.                            
                                                                               
  MR. BADER answered that the DOE tries to see as many                         
  projects as it can, but not all.                                             
                                                                               
  REP. TOOHEY asked whether the department ranked life-safety-                 
  health requests without physical inspections.                                
                                                                               
  Number 506                                                                   
                                                                               
  MR. BADER answered that the DOE could rank them without                      
  inspections.  While the DOE would like to make its own                       
  inspections, the rankings are based in large part on reports                 
  from engineers, fire marshals and other professionals.                       
                                                                               
  REP. TOOHEY asked the ranking of the (Anchorage) Service                     
  High School roof, which collapsed under a load of snow.                      
                                                                               
  Number 506                                                                   
                                                                               
  REP. VEZEY asked if the state was constructing schools with                  
  built-in life-safety problems.  He asked what was the source                 
  of such problems.                                                            
                                                                               
  MR. BADER said weathering and age cause most of such                         
  problems, and the state was not building flaws into schools.                 
  Aging, deterioration and lack of essential maintenance are                   
  the main causes of life-safety-health problems in schools,                   
  he said.  He also pointed out that changing building                         
  standards, such as the discovery that asbestos and lead were                 
  dangerous, were at the root of many life-health-safety                       
  projects.                                                                    
                                                                               
  Number 525                                                                   
                                                                               
  REP. VEZEY noted the tightening of building standards on                     
  lead plumbing in 1992.  He commented that if, as he had been                 
  told, school buildings were experiencing structural                          
  deterioration due to inadequate maintenance, then that was                   
  evidence of criminal negligence on someone's part.                           
                                                                               
  MR. BADER said the reasons for the deterioration vary.                       
                                                                               
  Number 540                                                                   
                                                                               
  REP. VEZEY commented that the tightening standards on                        
  asbestos, lead and fiberglass were having the effect of                      
  threatening to legislate the usefulness out of 20-year-old                   
  school buildings.                                                            
                                                                               
  MR. BADER pointed out that much of HB 82 dealt with                          
  maintenance.  He said $40 million was appropriated under the                 
  bill to maintenance grants, and $120 million to                              
  construction, but it was spent on almost as many maintenance                 
  projects as construction projects.  He pointed out the                       
  requirements in HB 82 for school districts to prove                          
  compliance with maintenance plans in order to receive any                    
  new grants.                                                                  
                                                                               
  Number 561                                                                   
                                                                               
  CHAIR BUNDE expressed sympathy with Rep. Vezey's expressions                 
  of frustration with poorly designed or built school                          
  structures.  He questioned whether all local school boards                   
  possess the proper level of expertise necessary to ensure                    
  that they construct good school buildings.                                   
                                                                               
  REP. OLBERG stated that the root of much of the problem with                 
  school construction in Alaska was the use of flat roofs.  He                 
  said he had told DOE Commissioner Jerry Covey that the state                 
  would save millions of dollars by insisting on peaked roofs                  
  for public buildings.  He said he would not support funding                  
  for state buildings unless they had peaked roofs.                            
                                                                               
  Number 576                                                                   
                                                                               
  REP. VEZEY stated he was not commenting about poor                           
  construction or design, but on the changing of building                      
  standards.  He said Mr. Bader had implied that adequate                      
  structures had deteriorated due to lack of maintenance.  He                  
  noted that many of the projects listed in HB 83 include                      
  roofs.  He said he did not have enough information to see                    
  why they were classified as life-health-safety projects.                     
                                                                               
  REP. BRICE concurred with Rep. Olberg, and said that the                     
  bill did not include requirements to establish design                        
  criteria for the construction of new school buildings that                   
  could help prevent either over or under-building of such                     
  structures.                                                                  
                                                                               
  TAPE 93-37, SIDE B                                                           
  Number 007                                                                   
                                                                               
  REP. OLBERG noted that nine of the projects outlined in                      
  HB 83 involved roofs, totalling $2.66 million, and said the                  
  state should have standard school designs.                                   
                                                                               
  REP. TOOHEY said she had suggested standardized school                       
  design and peaked roofs at an earlier committee meeting at                   
  which HB 82 was discussed.                                                   
                                                                               
  CHAIR BUNDE expressed his desire that the committee could                    
  craft the bill and move it to the next committee.  As such,                  
  he invited amendments to the bill.                                           
                                                                               
  Number 030                                                                   
                                                                               
  REP. VEZEY said he had drafted a proposed amendment to                       
  HB 82.  He said he had had problems with HB 82.  One was the                 
  graduated scale for local contribution, as it would bring                    
  confusion to a voting public considering whether to approve                  
  bonds.  He expressed problems with REAAs funding only 1.4                    
  percent of their school projects.  He moved deletion of                      
  HB 82, section 3, paragraph C, an action that would include                  
  REAAs into the provisions of paragraphs A and B.  He                         
  expressed the need to define more carefully the term Average                 
  Daily Membership.  He also proposed changing the percentage                  
  to 20 percent from 5 percent on line 23; to 30 percent from                  
  15 percent on line 24; to 40 percent from 30 percent on line                 
  25; and to 50 percent from 40 percent on line 26.  He said                   
  the state needs to rely more on local input for school                       
  construction.  He cautioned the committee against setting                    
  design standards, an area in which they had little                           
  experience, and which could bog the bill down for a long                     
  time with no guaranteed beneficial result.                                   
                                                                               
  Number 097                                                                   
                                                                               
  MR. BADER said the DOE was establishing a committee to study                 
  the ranking process.  He said a letter from the commissioner                 
  to those participating in the committee included three                       
  points, including standards of construction and standards                    
  for what type of structures the state should pay to build.                   
  He expressed a preference for peaked roofs, but pointed out                  
  that large snow loads in Valdez make peaked roofs less                       
  attractive.  He said the DOE had invited three architects                    
  and engineers who had experience building schools, to the                    
  committee to study the process.                                              
                                                                               
  CHAIR BUNDE asked if the House Health, Education and Social                  
  Services Committee (H/HESS) was premature in considering                     
  HB 82 before the DOE had finished its work.                                  
                                                                               
  MR. BADER answered no, as the committee was concerning                       
  itself with issues that could be addressed by regulation.                    
                                                                               
  Number 140                                                                   
                                                                               
  REP. OLBERG suggested that inviting architects to join the                   
  committee was like enlisting foxes to gather the eggs.  He                   
  said architects had, in the past, been part of the problem,                  
  and that laymen can have fresh perspectives.                                 
                                                                               
  MR. BADER said the three architects would not be in the                      
  majority of the 15-member committee.                                         
                                                                               
  Number 151                                                                   
                                                                               
  REP. G. DAVIS stated he was glad to hear concerns about                      
  design standards, and said it was important for the state to                 
  impose some standards to prevent local communities from                      
  scrimping on proper design and construction methods.                         
                                                                               
  REP. OLBERG said standard designs might theoretically save                   
  up to 10 percent of building costs by avoiding the need for                  
  individual designs.                                                          
                                                                               
  Number 170                                                                   
                                                                               
  REP. VEZEY said that the Fairbanks North Star Borough School                 
  District had gone to a prototype design for elementary                       
  schools a few years ago.  While the district saved some on                   
  the building cost, and more for each succeeding building, he                 
  said the architectural fees per building remained the same.                  
  He stated architectural fees include substantial insurance                   
  packages for each structure.                                                 
                                                                               
  CHAIR BUNDE expressed frustration with an overly detailed                    
  discussion on the bill.  He suggested forming a subcommittee                 
  to hold a work session to work out detailed amendments on                    
  HB 82 to put before the board.  He asked Mr. Bader why                       
  passage of the bill would require an increase in                             
  administrative costs, as reflected in the DOE fiscal note.                   
                                                                               
  Number 219                                                                   
                                                                               
  MR. BADER said the local matching provision broke new                        
  ground, and it would take some administrative costs to make                  
  sure the school districts met the matching grant                             
  requirements.  He said the department will need to ensure                    
  that the maintenance plans are followed.  He called some of                  
  the fiscal note amounts modest relative to other matching                    
  grant bills.  He said there would be a need for some                         
  additional personnel to administer the $150 million worth of                 
  construction and maintenance work, while the DOE currently                   
  administers from $15 million to $25 million in grants per                    
  year.                                                                        
                                                                               
  Number 243                                                                   
                                                                               
  CHAIR BUNDE said HB 82 and its expenditures would go through                 
  a fine sieve.  Seeing no one else wanting to testify on the                  
  bill, he closed public testimony.  He asked the committee                    
  members if there were elements in the bill they wanted to                    
  retain.                                                                      
                                                                               
  REP. VEZEY said he believed it was essential to retain the                   
  matching grant provision.                                                    
                                                                               
  CHAIR BUNDE expressed agreement with Rep. Vezey on that                      
  point.                                                                       
                                                                               
  REP. G. DAVIS expressed agreement as well, but said he had                   
  empathy for Bush areas and REAAs, and hoped their concerns                   
  regarding the bill would be addressed.                                       
                                                                               
  CHAIR BUNDE appointed Rep. G. Davis to the subcommittee on                   
  the bill to address those concerns.                                          
                                                                               
  Number 267                                                                   
                                                                               
  REP. OLBERG noted that his district included two REAAs, and                  
  said that as Rep. Nicholia was not there to address Bush                     
  areas, he volunteered to serve on the subcommittee.                          
                                                                               
  CHAIR BUNDE named Reps. Brice, Olberg, G. Davis and Vezey to                 
  a subcommittee, with Rep. Vezey as chair, to develop                         
  amendments on HB 82 for the committee by the following week,                 
  in hopes of moving the bill from committee.  He said the                     
  rest of the committee was welcome to be involved in the                      
  subcommittee as well.                                                        
                                                                               
  Number 286                                                                   
                                                                               
  REP. B. DAVIS stated that local school districts should not                  
  be required to provide matching funds of more than 30                        
  percent.  She expressed opposition to a 50 percent match.                    
                                                                               
  REP. TOOHEY expressed agreement with Rep. B. Davis on                        
  matching fund levels.  Given unfunded federal mandates on                    
  education, she said, 50 percent matching fund requirements                   
  were unreasonable.                                                           
                                                                               
  Number 302                                                                   
                                                                               
  REP. VEZEY commented that he had proposed 50 percent                         
  matching for some of the state's school districts that had                   
  ratios of taxable property per student that were ten times                   
  those of Anchorage due to their base of wealth in fish or                    
  oil.                                                                         
                                                                               
  CHAIR BUNDE recommended saving arguments until consideration                 
  of actual amendments.  He also asked Rep. Vezey to share the                 
  amendments with Mr. Bader for his consideration.                             
                                                                               
  Number 317                                                                   
                                                                               
  REP. G. DAVIS asked that Mr. Bader be notified of the                        
  subcommittee's meeting.                                                      
                                                                               
  CHAIR BUNDE invited Mr. Bader to participate as a member of                  
  the subcommittee.  He then asked if the committee wanted to                  
  continue the meeting to address HB 83.                                       
                                                                               
  Number 325                                                                   
                                                                               
  Committee members said informally that, as HB 82 had been                    
  referred to a subcommittee, they would prefer to wait to                     
  consider HB 83.                                                              
                                                                               
  Number 330                                                                   
                                                                               
  CHAIR BUNDE indicated to committee staff a desire to have                    
  HB 82 considered again at the next available date the                        
  following week.  He asked Rep. Vezey to pick a date for his                  
  subcommittee meeting so the HESS Committee could hear HB 82                  
  once again in hopes of passing it to the next committee of                   
  referral.                                                                    
                                                                               
  REP. VEZEY said the committee would have something ready for                 
  discussion, though not a committee substitute, by Tuesday,                   
  March 23, 1993.                                                              
                                                                               
  Number 337                                                                   
                                                                               
  CHAIR BUNDE announced that HB 82 and HB 83 would come before                 
  the committee on Tuesday, and with luck, the bills could be                  
  passed out on that day.                                                      
                                                                               
  Number 341                                                                   
                                                                               
  REP. TOOHEY recommended also setting aside Thursday, March                   
  25 for further consideration, so that in any case the bills                  
  would not be held later than the end of the week.                            
                                                                               
  Seeing no further business before the committee, CHAIR BUNDE                 
  ADJOURNED the meeting at 4:44 p.m.                                           

Document Name Date/Time Subjects