Legislature(1995 - 1996)
05/01/1995 07:10 AM House L&C
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
HOUSE LABOR & COMMERCE STANDING COMMITTEE
May 1, 1995
7:10 a.m.
MEMBERS PRESENT
Representative Pete Kott, Chairman
Representative Norman Rokeberg, Vice Chairman
Representative Kim Elton
Representative Brian Porter
Representative Jerry Sanders
MEMBERS ABSENT
Representative Gene Kubina
Representative Beverly Masek
OTHER MEMBERS PRESENT
Representative Gail Phillips
Representative Ivan Ivan
COMMITTEE CALENDAR
HB 217: "An Act relating to employment of teachers."
PASSED OUT OF COMMITTEE
WITNESS REGISTER
GEORGE DOZIER, Legislative Assistant
to Representative Pete Kott
Alaska State Legislature
State Capitol, Room 432
Juneau, AK 99801-1182
Telephone: (907) 465-3777
POSITION STATEMENT: Testified on HB 217
TOM WRIGHT, Legislative Assistant
to Representative Ivan Ivan
Alaska State Legislature
State Capitol, Room 503
Juneau, AK 99801-1182
Telephone: (907) 465-4942
POSITION STATEMENT: Testified on HB 217
PREVIOUS ACTION
BILL: HB 217
SHORT TITLE: EMPLOYMENT RIGHTS OF TEACHERS
SPONSOR(S): REPRESENTATIVE(S) IVAN
JRN-DATE JRN-PG ACTION
03/29/94 (H) HES AT 03:00 PM CAPITOL 106
03/01/95 531 (H) READ THE FIRST TIME - REFERRAL(S)
03/01/95 531 (H) HES, JUDICIARY
03/07/95 (H) HES AT 03:00 PM CAPITOL 106
03/07/95 (H) MINUTE(HES)
03/29/95 (H) HES AT 03:00 PM CAPITOL 106
04/11/95 (H) HES AT 02:00 PM CAPITOL 106
04/13/95 (H) HES AT 02:00 PM CAPITOL 106
04/13/95 (H) MINUTE(HES)
04/18/95 1344 (H) HES RPT CS(HES) NT 2DP 1NR 1AM
04/18/95 1344 (H) DP: BUNDE, TOOHEY
04/18/95 1345 (H) NR: G.DAVIS
04/18/95 1345 (H) AM: ROBINSON
04/18/95 1345 (H) FISCAL NOTE (DOE)
04/19/95 (H) JUD AT 01:00 PM CAPITOL 120
04/20/95 1408 (H) L&C REFERRAL ADDED
04/21/95 (H) JUD AT 01:00 PM CAPITOL 120
04/22/95 1446 (H) JUD RPT CS(JUD) NT 5DP 1DNP
04/22/95 1446 (H) DP: VEZEY, PORTER, GREEN, BUNDE,
TOOHEY
04/22/95 1446 (H) DNP: FINKELSTEIN
04/22/95 1446 (H) ZERO FISCAL NOTE (DOE)
04/26/95 (H) L&C AT 03:00 PM CAPITOL 17
04/27/95 (H) L&C AT 07:00 PM CAPITOL 17
05/01/95 (H) L&C AT 07:00 AM CAPITOL 17
ACTION NARRATIVE
TAPE 95-53, SIDE A
Number 000
The House Labor and Commerce Committee was called to order by
Chairman Pete Kott at 7:10 a.m. Members present at the call to
order were Representative Kott, Elton, Porter and Sanders. Members
absent were Representatives Rokeberg, Masek and Kubina.
HB 217 - EMPLOYMENT RIGHTS OF TEACHERS
CHAIRMAN PETE KOTT asked his Legislative Assistant, George Dozier,
to explain the changes in the new proposed CSHB 217(L&C), Version
U, dated 4-29-94.
Number 022
GEORGE DOZIER, LEGISLATIVE ASSISTANT TO REPRESENTATIVE PETE KOTT,
ALASKA STATE LEGISLATURE, stated the first change to the work draft
CS version R was to delete lines 10 and 11 on page 2, and to adjust
the last word and semi colon in line 9.
Number 039
CHAIRMAN KOTT said that particular line reads, "has been evaluated
and recommended for tenure under (c) of this section." He pointed
out that there was not a (c) in that section, so this was a "clean
up" provision.
Number 043
MR. DOZIER continued that the second revision occurs on page 4,
line 7 of Version R, which takes out the reference to arbitration.
Number 055
CHAIRMAN KOTT noted that they had mandatory arbitration (indisc.).
MR. DOZIER continued this would also appear on the last page of the
new Version U. The next change was to Sections 6 and 7 of the new
Version U, in granting suspended or fired teachers the option of
taking their case either to the board with judicial review, based
upon the record established before the board, or bypassing the
board entirely and filing for a de novo hearing in superior court.
On page 3, lines 1,2 and 3, language was inserted to the effect
that layoff provisions wouldn't apply unless all non-tenured
teachers in the district had been non-retained first. The final
change was to delete the reference of 3 percent and insert the
language, "financial emergency verified by the commissioner", which
occurs on page 3, line 4 and 5 of Version U.
Number 121
REPRESENTATIVE KIM ELTON asked if the drafting attorney was
present.
CHAIRMAN KOTT replied no.
REPRESENTATIVE ELTON said the question he had for the drafting
attorney was why on page 3, paragraph (d), lines 20 through 24 was
included.
CHAIRMAN KOTT took a brief at ease.
REPRESENTATIVE ELTON offered an amendment to strike paragraph (d),
page 3, line 20 through 24, and renumber the subsequent paragraphs
accordingly.
CHAIRMAN KOTT asked for the sponsor to comment on this.
Number 177
REPRESENTATIVE BRIAN PORTER objected for the purpose of discussion.
Number 179
TOM WRIGHT, LEGISLATIVE ASSISTANT TO REPRESENTATIVE IVAN IVAN,
ALASKA STATE LEGISLATURE, stated this was a subsection assuring the
collective bargaining agreement previously executed would not be
affected.
Number 189
REPRESENTATIVE PORTER said that it states that principle so people
all over the state would be aware that it exists.
Number 192
MR. WRIGHT added the provisions (indisc.) may not be inconsistent
afterwards.
Number 205
CHAIRMAN KOTT stated there was a motion to delete subsection (d),
page 3, lines 20 through 24. He asked if the objection was still
maintained.
Number 197
REPRESENTATIVE PORTER maintained his objection. He did so for the
reason that it tells people engaged in this process that may not
otherwise be aware of the bill's ramifications.
CHAIRMAN KOTT asked for a roll call vote. Representatives Kott,
Porter and Sanders voted against Amendment 1. Representative Elton
voted in favor of Amendment 1. Amendment 1 was not adopted.
Number 211
REPRESENTATIVE PORTER made a motion to adopt the proposed CSHB
217(L&C), Version U.
Number 213
CHAIRMAN KOTT asked if was an objection. Hearing none, CSHB
217(L&C) was adopted.
CHAIRMAN KOTT noted for the record that Representative Rokeberg had
joined the meeting at 7:25 a.m.
Number 225
REPRESENTATIVE JERRY SANDERS made a motion to move CSHB 217(L&C)
from committee with individual recommendations.
Number 228
CHAIRMAN KOTT asked if there was an objection. Hearing none, CSHB
217(L&C), Version U, was moved out of the House Labor and Commerce
Standing Committee with individual recommendations and accompanying
fiscal notes.
ADJOURNMENT
There being no further business to come before the House Labor and
Commerce Standing Committee, Chairman Kott adjourned the meeting at
7:30 a.m.
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