05/07/2004 04:20 PM Senate HES
| Audio | Topic |
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+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
SENATE HEALTH, EDUCATION AND SOCIAL SERVICES STANDING COMMITTEE
May 7, 2004
4:20 p.m.
TAPE (S) 04-31
MEMBERS PRESENT
Senator Fred Dyson, Chair
Senator Gary Wilken
Senator Bettye Davis
Senator Gretchen Guess
MEMBERS ABSENT
Senator Lyda Green, Vice Chair
COMMITTEE CALENDAR
CONFIRMATION HEARING(S)
Board of Nursing:
James E. Jurrens
Professional Teaching Practices Commission:
Kimberly (Kim) Jockusch
Dr. Donna Peterson
Board of Social Work Examiners:
Darrell Allman
Mildred D. (Tammy) Townsend
Board of Certified Direct-Entry Midwives:
Dana L. Brown
Sharon K. Evans
Board of Examiners in Optometry:
Dr. Jill Geering Matheson
Dr. Jeff Gonnason
Board of Dispensing Opticians:
Larry E. Harper
CONFIRMATIONS ADVANCED
CS FOR HOUSE BILL NO. 338(HES)
"An Act relating to attendance at public school; and providing
for an effective date."
MOVED CSHB 338(HES) OUT OF COMMITTEE
HOUSE BILL NO. 443
"An Act relating to eligibility of nurses for the teachers' and
nurses' housing loan program of the Alaska Housing Finance
Corporation."
MOVED HB 443 OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 353(JUD)
"An Act exempting certain teachers at certain schools from jury
service during school terms; and amending Rule 15(k), Alaska
Rules of Administration."
MOVED CSHB 353(JUD) OUT OF COMMITTEE
LETTER OF INTENT FOR SENATE CS FOR CS FOR HOUSE BILL NO.
511(HES)
"An Act relating to the certificate of need program for health
care facilities; and providing for an effective date."
MOVED LETTER OF INTENT [SCS CSHB 511(HES) moved out of
committee on 5/6/04]
CS FOR HOUSE BILL NO. 381(RLS)
"An Act relating to child endangerment."
MOVED CSHB 381(RLS) OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 405(EDU)
"An Act relating to reports on school and school district
performance; and relating to accountability of public schools
and school districts; and providing for an effective date."
MOVED SCS CSHB 405(HES) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 338
SHORT TITLE: ATTENDANCE AT PUBLIC SCHOOL
SPONSOR(s): REPRESENTATIVE(s) MCGUIRE
01/12/04 (H) PREFILE RELEASED 1/2/04
01/12/04 (H) READ THE FIRST TIME - REFERRALS
01/12/04 (H) EDU, HES
02/17/04 (H) EDU AT 11:00 AM CAPITOL 124
02/17/04 (H) Moved CSHB 338(EDU) Out of Committee
02/17/04 (H) MINUTE(EDU)
02/18/04 (H) EDU RPT 6DP 1NR
02/18/04 (H) DP: WILSON, OGG, SEATON, GARA, KAPSNER,
02/18/04 (H) GATTO; NR: WOLF
02/18/04 (H) FIN REFERRAL ADDED AFTER HES
02/24/04 (H) CORRECTED RPT CS(EDU) 3DP 1NR
02/24/04 (H) DP: WILSON, KAPSNER, GATTO; NR: WOLF
03/02/04 (H) HES AT 3:00 PM CAPITOL 106
03/02/04 (H) Scheduled But Not Heard
03/25/04 (H) HES AT 3:00 PM CAPITOL 106
03/25/04 (H) Heard & Held
03/25/04 (H) MINUTE(HES)
03/30/04 (H) HES AT 3:00 PM CAPITOL 106
03/30/04 (H) Moved CSHB 338(HES) Out of Committee
03/30/04 (H) MINUTE(HES)
04/01/04 (H) HES RPT CS(HES) 1DP 4NR
04/01/04 (H) DP: WILSON; NR: CISSNA, SEATON,
04/01/04 (H) COGHILL, WOLF
04/01/04 (H) HES AT 3:00 PM CAPITOL 106
04/01/04 (H) <Above Item Removed from Agenda>
04/01/04 (H) MINUTE(HES)
04/22/04 (H) FIN AT 8:30 AM HOUSE FINANCE 519
04/22/04 (H) Heard & Held
04/22/04 (H) MINUTE(FIN)
04/23/04 (H) FIN RPT CS(HES) 7DP 1NR
04/23/04 (H) DP: HAWKER, CROFT, MOSES, CHENAULT,
04/23/04 (H) FATE, FOSTER, MEYER; NR: STOLTZE
04/23/04 (H) FIN AT 8:30 AM HOUSE FINANCE 519
04/23/04 (H) -- Rescheduled from Thurs 4/22/04 1:30
--
04/28/04 (H) MOVED TO BOTTOM OF CALENDAR
04/28/04 (H) NOT TAKEN UP 4/28 - ON 4/29 CALENDAR
04/29/04 (H) TRANSMITTED TO (S)
04/29/04 (H) VERSION: CSHB 338(HES)
05/01/04 (S) READ THE FIRST TIME - REFERRALS
05/01/04 (S) HES, FIN
05/07/04 (S) HES AT 4:00 PM BUTROVICH 205
BILL: HB 443
SHORT TITLE: TEACHERS AND NURSES HOUSING LOAN PROGRAM
SPONSOR(s): REPRESENTATIVE(s) KERTTULA
02/09/04 (H) READ THE FIRST TIME - REFERRALS
02/09/04 (H) HES, FIN
04/06/04 (H) HES AT 3:00 PM CAPITOL 106
04/06/04 (H) Moved Out of Committee
04/06/04 (H) MINUTE(HES)
04/07/04 (H) HES RPT 4DP
04/07/04 (H) DP: SEATON, COGHILL, WOLF, WILSON
04/14/04 (H) FIN REFERRAL WAIVED
04/30/04 (H) TRANSMITTED TO (S)
04/30/04 (H) VERSION: HB 443
05/01/04 (S) READ THE FIRST TIME - REFERRALS
05/01/04 (S) HES, FIN
05/07/04 (S) HES AT 4:00 PM BUTROVICH 205
BILL: HB 353
SHORT TITLE: JURY DUTY EXEMPTION FOR CERTAIN TEACHERS
SPONSOR(s): REPRESENTATIVE(s) KAPSNER
01/12/04 (H) PREFILE RELEASED 1/2/04
01/12/04 (H) READ THE FIRST TIME - REFERRALS
01/12/04 (H) EDU, HES, JUD
02/17/04 (H) EDU AT 11:00 AM CAPITOL 124
02/17/04 (H) Moved Out of Committee
02/17/04 (H) MINUTE(EDU)
02/18/04 (H) EDU RPT 3DP 2NR 2AM
02/18/04 (H) DP: GARA, KAPSNER, GATTO;
02/18/04 (H) NR: OGG, WOLF; AM: SEATON, WILSON
03/04/04 (H) HES AT 3:00 PM CAPITOL 106
03/04/04 (H) Scheduled But Not Heard
03/18/04 (H) HES AT 3:00 PM CAPITOL 106
03/18/04 (H) Moved CSHB 353(HES) Out of Committee
03/18/04 (H) MINUTE(HES)
03/22/04 (H) HES RPT CS(HES) 4DP 2NR
03/22/04 (H) DP: KAPSNER, GATTO, CISSNA, WILSON;
03/22/04 (H) NR: COGHILL, WOLF
03/29/04 (H) JUD AT 1:00 PM CAPITOL 120
03/29/04 (H) Bill Postponed To 3/30/04
03/30/04 (H) JUD AT 1:00 PM CAPITOL 120
03/30/04 (H) Moved CSHB 353(JUD) Out of Committee
03/30/04 (H) MINUTE(JUD)
03/31/04 (H) JUD RPT CS(JUD) NT 5DP 1NR
03/31/04 (H) DP: SAMUELS, GARA, GRUENBERG, OGG,
03/31/04 (H) MCGUIRE; NR: HOLM
04/21/04 (H) TRANSMITTED TO (S)
04/21/04 (H) VERSION: CSHB 353(JUD)
04/22/04 (S) READ THE FIRST TIME - REFERRALS
04/22/04 (S) STA, HES
04/29/04 (S) STA AT 3:30 PM BELTZ 211
04/29/04 (S) Moved CSHB 353(JUD) Out of Committee
04/29/04 (S) MINUTE(STA)
05/01/04 (S) STA RPT 1DP 2NR
05/01/04 (S) NR: STEVENS G, STEDMAN; DP: GUESS
05/07/04 (S) HES AT 4:00 PM BUTROVICH 205
BILL: HB 511
SHORT TITLE: CERTIFICATE OF NEED PROGRAM
SPONSOR(s): REPRESENTATIVE(s) SAMUELS
02/16/04 (H) READ THE FIRST TIME - REFERRALS
02/16/04 (H) HES, FIN
03/02/04 (H) HES AT 3:00 PM CAPITOL 106
03/02/04 (H) Heard & Held
03/02/04 (H) MINUTE(HES)
03/04/04 (H) HES AT 3:00 PM CAPITOL 106
03/04/04 (H) Heard & Held
03/04/04 (H) MINUTE(HES)
03/18/04 (H) HES AT 3:00 PM CAPITOL 106
03/18/04 (H) Moved CSHB 511(HES) Out of Committee
03/18/04 (H) MINUTE(HES)
03/24/04 (H) HES RPT CS(HES) 3DP 1DNP 2NR
03/24/04 (H) DP: KAPSNER, CISSNA, WILSON; DNP: WOLF;
03/24/04 (H) NR: GATTO, COGHILL
03/29/04 (H) FIN AT 1:30 PM HOUSE FINANCE 519
03/29/04 (H) Heard & Held
03/29/04 (H) MINUTE(FIN)
03/31/04 (H) FIN AT 1:30 PM HOUSE FINANCE 519
03/31/04 (H) Moved CSHB 511(HES) Out of Committee
03/31/04 (H) MINUTE(FIN)
04/01/04 (H) FIN RPT CS(HES) 4DP 2NR 2AM
04/01/04 (H) DP: MEYER, HAWKER, HARRIS, WILLIAMS;
04/01/04 (H) NR: FATE, FOSTER; AM: STOLTZE, CHENAULT
04/26/04 (H) MOVED TO BOTTOM OF CALENDAR
04/26/04 (H) NOT TAKEN UP 4/26 - ON 4/27 CALENDAR
04/27/04 (H) NOT TAKEN UP 4/27 - ON 4/28 CALENDAR
04/28/04 (H) TRANSMITTED TO (S)
04/28/04 (H) VERSION: CSHB 511(HES) AM
04/29/04 (S) READ THE FIRST TIME - REFERRALS
04/29/04 (S) HES, FIN
04/30/04 (S) HES AT 1:30 PM BUTROVICH 205
04/30/04 (S) Heard & Held
04/30/04 (S) MINUTE(HES)
05/03/04 (S) HES AT 1:30 PM BUTROVICH 205
05/03/04 (S) Heard & Held
05/03/04 (S) MINUTE(HES)
05/04/04 (S) FIN AT 9:00 AM SENATE FINANCE 532
05/04/04 (S) <Pending Referral>
05/05/04 (S) HES AT 1:30 PM BUTROVICH 205
05/05/04 (S) Heard & Held
05/05/04 (S) MINUTE(HES)
05/06/04 (S) HES AT 5:00 PM FAHRENKAMP 203
05/06/04 (S) Moved SCS CSHB 511(HES) Out of
Committee
05/06/04 (S) MINUTE(HES)
05/07/04 (S) HES AT 4:00 PM BUTROVICH 205
BILL: HB 381
SHORT TITLE: CHILD ENDANGERMENT DRIVING OFFENSES
SPONSOR(s): REPRESENTATIVE(s) MCGUIRE
01/20/04 (H) READ THE FIRST TIME - REFERRALS
01/20/04 (H) HES, JUD
04/06/04 (H) HES AT 3:00 PM CAPITOL 106
04/06/04 (H) Moved CSHB 381(HES) Out of Committee
04/06/04 (H) MINUTE(HES)
04/08/04 (H) HES RPT CS(HES) 1DP 1NR 3AM
04/08/04 (H) DP: WILSON; NR: COGHILL; AM: SEATON,
04/08/04 (H) WOLF, GATTO
04/13/04 (H) FIN REFERRAL ADDED AFTER JUD
04/14/04 (H) JUD AT 1:00 PM CAPITOL 120
04/14/04 (H) Moved CSHB 381(JUD) Out of Committee
04/14/04 (H) MINUTE(JUD)
04/19/04 (H) JUD RPT CS(JUD) 4DP
04/19/04 (H) DP: SAMUELS, HOLM, GRUENBERG, MCGUIRE
04/28/04 (H) FIN REFERRAL WAIVED
04/29/04 (H) RLS AT 9:00 AM FAHRENKAMP 203
04/29/04 (H) Moved CSHB 381(RLS) Out of Committee
04/29/04 (H) MINUTE(RLS)
04/30/04 (H) RLS RPT CS(RLS) 4DP 3NR
04/30/04 (H) DP: COGHILL, KOTT, MCGUIRE, KERTTULA;
04/30/04 (H) NR: BERKOWITZ, MORGAN, ROKEBERG
04/30/04 (H) TRANSMITTED TO (S)
04/30/04 (H) VERSION: CSHB 381(RLS)
05/01/04 (S) READ THE FIRST TIME - REFERRALS
05/01/04 (S) HES, JUD
05/07/04 (S) HES AT 4:00 PM BUTROVICH 205
BILL: HB 405
SHORT TITLE: SCHOOL PERFORMANCE DESIGNATION/REPORT
SPONSOR(s): REPRESENTATIVE(s) GATTO
01/28/04 (H) READ THE FIRST TIME - REFERRALS
01/28/04 (H) EDU, HES
02/17/04 (H) EDU AT 11:00 AM CAPITOL 124
02/17/04 (H) <Bill Hearing Postponed>
03/02/04 (H) EDU AT 11:00 AM CAPITOL 124
03/02/04 (H) Heard & Held
03/02/04 (H) MINUTE(EDU)
03/09/04 (H) EDU AT 11:00 AM CAPITOL 124
03/09/04 (H) Moved CSHB 405(EDU) Out of Committee
03/09/04 (H) MINUTE(EDU)
03/18/04 (H) EDU RPT CS(EDU) 5DP 1NR
03/18/04 (H) DP: SEATON, WILSON, OGG, GARA, GATTO;
03/18/04 (H) NR: WOLF
03/23/04 (H) HES AT 3:00 PM CAPITOL 106
03/23/04 (H) Moved CSHB 405(EDU) Out of Committee
03/23/04 (H) MINUTE(HES)
03/24/04 (H) HES RPT CS(EDU) 6DP
03/24/04 (H) DP: KAPSNER, GATTO, CISSNA, SEATON,
03/24/04 (H) WOLF, WILSON
04/07/04 (H) TRANSMITTED TO (S)
04/07/04 (H) VERSION: CSHB 405(EDU)
04/08/04 (S) READ THE FIRST TIME - REFERRALS
04/08/04 (S) STA, HES
04/27/04 (S) STA AT 3:30 PM BELTZ 211
04/27/04 (S) Scheduled But Not Heard
04/29/04 (S) STA AT 3:30 PM BELTZ 211
04/29/04 (S) Heard & Held
04/29/04 (S) MINUTE(STA)
05/01/04 (S) STA AT 0:00 AM BELTZ 211
05/01/04 (S) Moved CSHB 405(EDU) Out of Committee
05/01/04 (S) MINUTE(STA)
05/02/04 (S) STA RPT 3NR 1AM
05/02/04 (S) NR: STEVENS G, COWDERY, STEDMAN;
05/02/04 (S) AM: GUESS
05/07/04 (S) HES AT 4:00 PM BUTROVICH 205
WITNESS REGISTER
MR. KEVIN SWEENEY
Department of Education & Early Development (DEED)
th
801 W 10 St.
Juneau, AK 99801-1894
POSITION STATEMENT: Testified on HB 338 and HB 405.
MS. JULI LUCKY
Staff to Representative Beth Kerttula
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Presented HB 443 for the sponsor.
MS. PAT JACKSON,
Staff to Representative Mary Kapsner
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Presented HB 353 for the sponsor.
MR. DOUG WOOLIVER, Administrative Attorney
Alaska Court System
th
820 W. 4 Ave.
Anchorage, AK 99501
POSITION STATEMENT: Testified on HB 353.
MR. HEATH HILYARD,
Staff to Representative Lesil McGuire
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Presented HB 381 for the sponsor.
MS. LINDA WILSON,
Deputy Director
Public Defender Agency
POSITION STATEMENT: Expressed concern about the fiscal note for
HB 381.
MS. KAREN McCARTHY,
Staff to Senator Con Bunde
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Testified on HB 405.
MR. CODY RICE,
Staff to Representative Carl Gatto
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Testified on HB 405.
MR. WES KELLER,
Staff to Senator Fred Dyson
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Presented SCS to HB 405.
MR. LES MORSE,
Director of Assessment and Accountability
Department of Education & Early Development
th
Juneau, AK 99801-1894
POSITION STATEMENT: Answered questions on HB 405.
ACTION NARRATIVE
TAPE 04-31, SIDE A
CHAIR FRED DYSON called the Senate Health, Education and Social
Services Standing Committee meeting to order at 4:20 p.m.
Present at the call to order were Senators Wilken, Davis, and
Chair Dyson. Senator Guess arrived while the meeting was in
progress.
^CONFIRMATION HEARINGS
Board of Nursing:
James E. Jurrens
Professional Teaching Practices Commission:
Kimberly (Kim) Jockusch
Dr. Donna Peterson
Board of Social Work Examiners:
Darrell Allman
Mildred D. (Tammy) Townsend
Board of Certified Direct-Entry Midwives:
Dana L. Brown
Sharon K. Evans
Board of Examiners in Optometry:
Dr. Jill Geering Matheson
Dr. Jeff Gonnason
Board of Dispensing Opticians
Larry E. Harper
CHAIR DYSON announced the first nominee was James E. Jurrens,
who was originally appointed in 2003. He asked if there was any
objection. There being none, he announced the name would be
forwarded.
CHAIR DYSON noted that Kimberly (Kim) Jockusch was originally
appointed in February, 2003 to the Professional Teaching
Practices Commission; he asked if there was any objection.
There being none, he announced the name would be forwarded.
CHAIR DYSON asked if there was any objection to forwarding Dr.
Donna Peterson's name. She was originally appointed to the
Professional Teaching Practices Commission in July, 2001. There
being none, he announced the name would be forwarded.
The Board of Social Work Examiners had two nominees: Darrell
Allman and Mildred D. (Tammy) Townsend. Chair Dyson asked if
there was any objection. There being none, he announced the
names would be forwarded.
The Board of Certified Direct-Entry Midwives had two nominees:
Dana Brown, originally appointed in January, 2000, and Sharon
Evans, originally appointed in March, 2001. He asked if there
was any objection. There being none, he announced the names
would be forwarded.
The Board of Examiners of Optometry had two nominees: Dr. Jill
Geering Matheson and Dr. Jeff Gonnason. Chair Dyson asked if
there was any objection. There being none, he announced the
names would be forwarded.
Chair Dyson mentioned that Larry Harper was originally appointed
in June, 2000 to the Board of Dispensing Opticians. He asked if
there was any objection. There being none, he announced the
name would be forwarded.
SENATOR GARY WILKEN moved that the names be forwarded to the
full Senate for consideration for confirmation, with individual
recommendations.
CHAIR DYSON asked if there was any objection. There being none,
it was so ordered.
HB 338-ATTENDANCE AT PUBLIC SCHOOL
The committee took up CSHB 338(HES).
CHAIR DYSON said this changes the cut-off date for students
entering school, and he believes the school districts are in
agreement with this legislation.
MR. KEVIN SWEENEY, DEED, confirmed that there is no known
objection from school districts.
CHAIR DYSON announced that Senator Guess had joined the meeting.
SENATOR WILKEN moved to report CSHB 338(HES) from committee with
individual recommendations [and accompanying fiscal note].
CHAIR DYSON asked if there was any objection. Seeing none, it
was so ordered.
4:30 p.m.
HB 443-TEACHERS AND NURSES HOUSING LOAN PROGRAM
The committee took up HB 443.
MS. JULI LUCKY, Staff to Representative Beth Kerttula, sponsor
of HB 443, explained that this bill would add licensed practical
nurses to an existing no down-payment home loan program that was
put in place last year in SB 25 by Senator Wilken.
CHAIR DYSON asked if the effect of deleting "registered" from
page 2 would make this program more available to [licensed
practical] nurses.
SENATOR WILKEN asked what defines "nurses" on line 6 as a
"licensed practical nurse."
MS. LUCKY referred to page 2, and said the way [SB 25] was
written last year it included AS 08.68.230 (a), "registered
nurses," whereas (b) includes "licensed practical nurse" or
"licensed vocational nurse." She noted there are no vocational
nurses in the state at this time, and there are 834 licensed
practical nurses under this section.
MS. LUCKY clarified that the desire was not to make no-down-
payment housing loans available to temporary nurses because of
wanting to make sure the nurses were licensed and going to stay
in the state.
SENATOR WILKEN asked if it applies to (a) or (b) and no others.
MS. LUCKY confirmed this was correct.
SENATOR BETTYE DAVIS moved to report HB 443 out of committee
with individual recommendations and attached fiscal note.
CHAIR DYSON asked if there was any objection. There being none,
it was so ordered.
HB 353-JURY DUTY EXEMPTION FOR CERTAIN TEACHERS
MS. PAT JACKSON, Staff to Representative Mary Kapsner, sponsor
of HB 353, testified that this bill was introduced on behalf of
Bethel's school district, but of course it would apply
statewide. She explained that Bethel has a large number of jury
trials in proportion to its population base. As a hub, it pulls
jurors from 11 villages in the 50-mile radius as well. This has
been problematic for the school district because when teachers
are out of the classroom, the district has difficulty finding a
certified substitute and the focus of the No Child Left Behind
Act is that highly qualified teachers help students to meet the
requirements.
CHAIR DYSON noted that this [legislation] pertains only during
the school term and only to schools designated as failing to
make adequate yearly progress.
MR. DOUG WOOLIVER, Administrative Attorney, Alaska Court System,
testified that as with most bills, the department doesn't
support or oppose the bill; however, his observation is that
although these exemptions are important, when one class of
potential jurors is exempted, this increases the burden on those
who are left in the pool. Bethel has the highest jury trial
rate in Alaska; it is third in total numbers, behind Anchorage
and Fairbanks. That's a reason for the bill, and a reason why
those remaining in the pool will have a higher jury duty burden,
he said.
SENATOR WILKEN asked if a person could respond to a jury call by
asking to be "excused to time certain" so that a teacher could
th
ask to be excused until May 15.
MR. WOOLIVER replied yes, that one may ask to be deferred.
However, in rural areas, a lot of teachers are not there in the
summer, which is why the deferral has not worked effectively.
SENATOR DAVIS pointed out that a limited number of deferrals can
be requested before one has to serve.
MR. WOOLIVER responded that if one was called for jury duty in
December, duty could be deferred until summertime, but it could
not then be deferred again.
SENATOR GRETCHEN GUESS commented that in Anchorage, notice of
jury duty must be given five days in advance and duty is for
five days. She asked if it is handled similarly in other
Alaskan communities.
MR. WOOLIVER said no, the five days applies only in Anchorage.
Bethel's timeframe had been three months, which is similar to
st
most communities of that size. Effective January 1, Bethel's
jury duty time period was reduced to one month.
SENATOR GUESS moved to report CSHB 353(JUD) out of committee
with individual recommendations and attached fiscal note.
CHAIR DYSON asked if there was any objection. Seeing none, it
was so ordered.
4:38 p.m.
HB 511-CERTIFICATE OF NEED PROGRAM
CHAIR DYSON informed members that when HB 511 passed out of
committee [5/6/04], the Letter of Intent was not mentioned.
CHAIR DYSON moved to report SCS CSHB 511(HES) out of committee
with the Letter of Intent.
CHAIR DYSON asked if there was any objection. [There was none.]
It was so ordered.
4:39 p.m.
HB 381-CHILD ENDANGERMENT DRIVING OFFENSES
The committee took up CSHB 381(RLS).
MR. HEATH HILYARD, staff to Representative Lesil McGuire,
sponsor of HB 381, testified the version that passed the House
includes only one provision, including the charge of child
endangerment when driving with a child in the vehicle, while
driving under the influence. The original version also included
a secondary charge regarding failure to properly restrain. That
failure leads to injury or death. Members of the House decided
this was too extensive, particularly in light of there being
confusion regarding what the proper restraint laws are, and on
what constitutes a proper restraint device. Members of the
House decided to remove that. This new charge carries with it a
Class A misdemeanor. He noted this is supported by MADD and is
also recommended by the National Transportation and Safety
Administration.
MS. LINDA WILSON, Deputy Director of the Public Defender Agency,
noted there was an indeterminate fiscal note although what was
originally a felony is now a misdemeanor. When a new crime is
created, a new offense of child endangerment, as proposed by
this bill, it will have an effect on the public defenders.
There will be new criminal charges made regarding those who are
under the influence and who transport a child. In the
Municipality of Anchorage there are current city charges against
a person for doing this, it's child neglect or child abuse. By
making it a state offense, the numbers will increase; she said
she doesn't know what those numbers might be, so she's not
testifying for or against the bill, but wanted to inform members
that there will be an effect.
CHAIR DYSON asked if she was lobbying for a finance committee
referral.
MS. WILSON replied in the affirmative.
SENATOR GUESS moved to report CSHB 381(RLS) out of committee
with individual recommendations and attached zero fiscal notes.
CHAIR DYSON asked if there was any objection. Seeing none, it
was so ordered.
4:41 p.m.
HB 405-SCHOOL PERFORMANCE DESIGNATION/REPORT
The committee took up CSHB 405(HES).
CHAIR DYSON noted that his staff had prepared a committee
substitute (CS).
MS. KAREN McCARTHY, staff to Senator Con Bunde, said
Representative Gatto sponsored the bill. Senator Bunde's major
issue with the bill is to ensure that in Section 5, the
requirement for the department to provide a report to the
Legislature on the progress of each school toward high academic
performance continues. That report is required by AS 14.03.078.
CHAIR DYSON moved to adopt the proposed CS, version U [labeled
3-LS1443\U, Mischel, 5/7/04].
CHAIR DYSON objected for purposes of discussion.
MR. CODY RICE, Staff to Representative Carl Gatto, responded to
a question from Chair Dyson said this was the first he has seen
of the CS, but he has worked closely with Chair Dyson and
Senator Guess's office.
CHAIR DYSON asked what the original bill did.
MR. RICE said the original bill repealed and re-enacted the
school designator statutes to comply with certain mandates of
the No Child Left Behind Act, while at the same time, creating
simplicity and ensuring there were not two separate designator
systems that might be conflicting.
CHAIR DYSON asked if this brought the state's designator system
into conformity with the federal system.
MR. RICE said more or less.
SENATOR GUESS explained that the first version indicated the
getting rid of everything that was done in SB 36 and replacing
it with No Child Left Behind (NCLB).
MR. WES KELLER, Staff to Senator Dyson, said the word
"designator" does not appear in NCLB at all, but there are
designators given in the sense that if a school is designated as
lacking two years of adequate years of progress, it becomes
eligible for certain sanctions and concerns; the term
"designator" has been maintained.
MR. KELLER addressed the changes that were made in version U.
He referred to page 1, line 5, where a new section was added
that requires the department to publish a report of all the
district revenue received on the district website. The
information is currently available in the department and this
asks that it be placed on the website. The second change is on
page 2, line 29, adding the words, "and the weight of the
measures used to assign a performance designation," will ensure
that the designator assigned by the department under Section 4
of the bill, (indisc.) is reported to the public with reference
to the measures used to assign the designation. Subsection (d)
of AS 14.03.120 is the requirement for each school to report to
its community. This change is in the report card the school
makes to its own community.
MR. KELLER continued that the third change, on page 3, line 17,
was a drafter error. It probably isn't necessary because the
school is working with the district, the department on this
designator, so the school has probably already reported to the
governing body the designator and the weight of it. He asked
that this be taken out. He pointed to the next change, page 3
line 25, "in accordance with (f) of this section." A sentence
is deleted here also, as the sentence in version I was, "The
performance designation shall be based on student achievement
measures that include the results of statewide assessment from
the school year." Basically the way it was written, performance
designation is required but the meaning of the designation is
left up to the state board. This changes it, and also ties the
designator to the state accountability assessment standards, not
just the NCLB.
MR. KELLER explained that the next change is on page 4, line 1,
the word "standards" is replaced with "criteria." "Criteria" is
a better word if trying to understand what the designation
means. On page 4, line 2, a new subsection was added. High
achievement/low achievement designations based on accountability
require that the state accountability system recognize both the
failures and successes. When students are excited about what
they're doing, you want to recognize that, give them the
positives.
MR. KELLER outlined that on page 4, line 5, there is a
subsection requiring the school improvement plan be deleted, the
reason being there is a new paragraph (d) on page 4, line 12,
speaking specifically to the school improvement plan. School
improvement plans are a requirement of NCLB. The way NCLB is
written, there is just brief mention of school improvement
plans, with no guidelines or references whatsoever, whereas
paragraph (d) puts in some basic guidelines. He continued that
a new subsection was added on page 4, line 19. It requires the
department to establish a program of special recognition for
schools with high designators. Again, you want to recognize a
school with a high degree of success; there is nothing as
positive as a group of kids proud of their school.
MR. KELLER referred to page 4, lines 27 through page 5, line 1,
expanding the measures for the state accountability system. In
version I, the designator was based on improvements that the
student made and multiple measures. This CS proposes not only
to use the improvement that's going on in other measures, but
also to reference it very clearly to the state assessment system
that includes a competency test, benchmark tests, and
specifically addresses reading, writing, and arithmetic. In the
first part, the weight of the designators are tied to the
measures that are in this subsection. He said another change
was on page 5, after line 7, a definition of statewide
assessment system; it used to be in the old paragraph (a) but
it's been taken out. He said one more change was the one
mentioned by [Ms. McCarthy] regarding the "thick report."
CHAIR DYSON asked if there was any objection to these changes.
[There was none.]
CHAIR DYSON said he'd like [Conceptual Amendment 1] to omit
lines 16, 17, and 18 on page 3 and re-number accordingly. He
asked if there was objection to that. [There was none.] Chair
Dyson announced that the CS was amended to move lines 16, 17,
and 18 on page 3 and to renumber accordingly.
SENATOR GUESS asked about section 1. She agreed with Senator
Wilken that this is a great addition. She said she was confused
by the language, "submitted under (a) of this section and
include all revenue received by each school district organized
in easily sortable categories including ADM and district."
SENATOR WILKEN said he thought it said, "and include all
revenue" by districts organized in categories including ADM and
districts, so the categories are the [indisc.].
SENATOR GUESS suggested, "modified in categories."
SENATOR WILKEN continued that ADM and district are categories.
SENATOR GUESS referred to page 4, line 1, "criteria that will be
used for assignment of each designation," and to page 2, and
page 3, and asked what formula would result in a designation;
she wondered if there was a reason behind the conflicting
language.
MR. KELLER said "criteria" could be used in all places and it
would be the same thing.
CHAIR DYSON asked Senator Guess if she'd like to move a
conceptual amendment to change "weight" to "criteria."
SENATOR GUESS moved conceptual Amendment [2] so that there would
be consistent language in the description of the designator [in
Sections 2,3, and 4].
CHAIR DYSON asked if there was any objection. Seeing none, it
was adopted.
SENATOR GUESS referred to page 4, line 27. Because the bill is
specific about the reading, writing, and mathematics
assessments, she wondered if there would be a problem complying
with NCLB, given that science is coming up in '06 as part of the
accountability system.
MR. LES MORSE, Director of Assessment and Accountability for the
Department of Education and Early Development (DEED), said this
shouldn't be a problem. There will be a science assessment, and
that assessment will be for reporting purposes, but not part of
the designation system, according to what he's been told by the
U.S. Department of Education. In terms of reporting, the focus
of Alaska's statutes has been on reading, writing, and
mathematics, and the desire is to maintain that and work with
the federal government to avoid having the science be anything
other than reporting requirements.
CHAIR DYSON asked if the department has any problems with
anything that's been brought up.
MR. KEVIN SWEENEY, Special Assistant to Commissioner of
Education and Early Development, stated that the only section
the department wasn't aware of ahead of time was Section 1, and
he doesn't know if that will be a problem or not.
CHAIR DYSON asked that Mr. Sweeney check on this to let him
know, before the bill gets to the floor.
MR. SWEENEY confirmed he would do that.
CHAIR DYSON asked for the wish of the committee.
SENATOR BETTYE DAVIS moved to report SCS CSHB 405(HES) out of
committee with individual recommendations and accompanying
fiscal notes.
CHAIR DYSON asked if there were any objections. There being
none, it was so ordered.
The committee was recessed to the call of the Chair at 5 p.m.
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