HOUSE HEALTH, EDUCATION AND SOCIAL SERVICES STANDING COMMITTEE March 16, 2000 3:30 p.m. MEMBERS PRESENT Representative Fred Dyson, Chairman Representative Jim Whitaker Representative Tom Brice Representative Allen Kemplen Representative John Coghill MEMBERS ABSENT Representative Joe Green Representative Carl Morgan COMMITTEE CALENDAR HOUSE BILL NO. 353 "An Act relating to heirloom certificates of marriage." - MOVED CSHB 353(HES) OUT OF COMMITTEE HOUSE BILL NO. 427 "An Act relating to the school year for purposes of the postsecondary student loan program; and providing for an effective date." - MOVED CSHB 427(HES) OUT OF COMMITTEE CONFIRMATION HEARINGS Alaska Mental Health Trust Authority Board of Trustees Susan LaBelle Tom Hawkins - CONFIRMATIONS ADVANCED Professional Teaching Practices Commission Robert Christal - CONFIRMATION ADVANCED University of Alaska Board of Regents Joshua Horst - CONFIRMATION ADVANCED SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 270 "An Act relating to sexual assault and sexual abuse and to payment for certain examinations in cases of alleged sexual assault or sexual abuse." - SCHEDULED BUT NOT HEARD PREVIOUS ACTION BILL: HB 353 SHORT TITLE: HEIRLOOM MARRIAGE CERTIFICATES Jrn-Date Jrn-Page Action 2/07/00 2123 (H) READ THE FIRST TIME - REFERRALS 2/07/00 2123 (H) HES, FIN 2/07/00 2123 (H) FISCAL NOTE (DHSS) 2/07/00 2123 (H) GOVERNOR'S TRANSMITTAL LETTER 2/07/00 2123 (H) REFERRED TO HES 3/16/00 (H) HES AT 3:00 PM CAPITOL 106 BILL: HB 427 SHORT TITLE: POSTSECONDARY LOAN PROGRAM:SCHOOL YR Jrn-Date Jrn-Page Action 3/01/00 2359 (H) READ THE FIRST TIME - REFERRALS 3/01/00 2359 (H) HES, FIN 3/01/00 2359 (H) REFERRED TO HES 3/16/00 (H) HES AT 3:00 PM CAPITOL 106 WITNESS REGISTER ELMER LINDSTROM, Special Assistant Office of the Commissioner Department of Health & Social Services PO Box 110601 Juneau, Alaska 99811 POSITION STATEMENT: Presented HB 353. DR. MILTON BYRD, President Charter College Member, Alaska Commission of Postsecondary Education 2221 East Northern Lights Boulevard Anchorage, Alaska 99508 POSITION STATEMENT: Presented HB 427. DIANE BARRANS, Executive Director Alaska Commission on Postsecondary Education Department of Education & Early Development 3030 Vintage Boulevard Juneau, Alaska 99801 POSITION STATEMENT: Answered questions on HB 427. SUSAN LaBELLE, Appointee to the Alaska Mental Health Trust Authority Board of Trustees 4830 Shelikof Street Anchorage, Alaska 99507 POSITION STATEMENT: Testified as appointee to the Alaska Mental Health Trust Authority Board of Trustees. TOM HAWKINS, Appointee to the Alaska Mental Health Trust Authority Board of Trustees 1820 East 24th Avenue Anchorage, Alaska 99508 POSITION STATEMENT: Testified as appointee to the Alaska Mental Health Trust Authority Board of Trustees. JOSHUA HORST, Appointee to the University of Alaska Board of Regents, Student Regent 513 St. Ann's Avenue Douglas, Alaska 99824 POSITION STATEMENT: Testified as appointee to the University of Alaska Board of Regents, Student Regent. ROBERT CHRISTAL, Appointee to the Professional Teaching Practices Commission (PTPC) 12661 Schooner Drive Anchorage, Alaska 99515 POSITION STATEMENT: Testified as appointee to the PTPC. ACTION NARRATIVE TAPE 00-31, SIDE A Number 0001 [The minutes for the Bridges Campaign are found in the 3:02 p.m. cover sheet for the same date.] CHAIRMAN FRED DYSON reconvened the House Health, Education and Social Services Standing Committee meeting at 3:30 p.m. Members present were Representatives Dyson, Whitaker, Brice, Kemplen and Coghill. HB 353 - HEIRLOOM MARRIAGE CERTIFICATES CHAIRMAN DYSON announced the first order of business as HOUSE BILL NO. 353, "An Act relating to heirloom certificates of marriage." Number 0030 ELMER LINDSTROM, Special Assistant, Office of the Commissioner, Department of Health & Social Services, came forward to present HB 353. He explained that HB 353 is a "follow-on" bill to legislation passed several years ago that created a special heirloom birth certificate program. The heirloom birth certificate is available to persons, at their option, if they are willing to pay a premium for a legal document suitable for framing. It is an artistic rendition and something anyone would be pleased to hang in the front room. The program has been successful over the years and has resulted in approximately $50,000 in the Alaska Children's Trust to date. MR. LINDSTROM indicated this bill would create an heirloom certificate of marriage, which also would be a legal document suitable for framing. It might well prove to be pretty popular, with the proceeds going to the Alaska Children's Trust being subject to appropriation by the legislature for that purpose. He noted that there was a proposed committee substitute (CS) that would conform to an amendment in the Senate Health, Education and Social Services Committee several weeks ago. The amendment kept open the price that would be charged for an heirloom certificate. In the future, there may be special-edition certificates of one type or another that might be more valuable than the document originally envisioned, and the department would be limited to charging what a print of similar value would go for on the open market. It is not an open-ended ability to charge, however. The document is one that people would have to decide that they want. The regular certificate would be available for the regular price. MR. LINDSTROM said the fiscal note prepared originally would remain applicable to the proposed CS. The heirloom document would have a $25 surcharge above the normal price of a marriage certificate. That might change over time as opportunities occur to do something more unique and spectacular. Number 0287 REPRESENTATIVE COGHILL made a motion to adopt the proposed CS for HB 353, version 1-GH2056\D, Lauterbach, 3/15/00, as a work draft. There being no objection, Version D was before the committee. CHAIRMAN DYSON asked Mr. Lindstrom whether removing the price cap indicates that the department is also thinking about inflation. MR. LINDSTROM answered that the department would be required to go through a regulatory process anytime it elected to change the value of the certificate. He hadn't really thought about inflation but would be cognizant of it. REPRESENTATIVE BRICE made a motion to move CSHB 353, version 1- GH2056\D, Lauterbach, 3/15/00, out of committee with individual recommendations and attached fiscal notes. There being no objection, CSHB 353(HES) moved from the House Health, Education and Social Services Standing Committee. HB 427 - POSTSECONDARY LOAN PROGRAM:SCHOOL YR Number 0450 CHAIRMAN DYSON announced the next order of business as HOUSE BILL NO. 427, "An Act relating to the school year for purposes of the postsecondary student loan program; and providing for an effective date." Number 0468 DR. MILTON BYRD, President, Charter College, Member, Alaska Commission of Postsecondary Education, came forward to present HB 427. He explained that HB 427 is a technical change in the statute authorizing the administration of the Alaska Student Loan Program. The current definition indicates that students can receive one loan every 12 months. This bill changes that to permit an institution to offer a fast-track program consistent with legitimate requirements or length of time to justify an academic year. The U.S. Department of Education defines an academic year as 30 weeks of instruction; most institutions follow that, using either two 15-week semesters or three 10-week quarters. DR. BYRD said this change, from a 12-month period to a 30-week period to qualify for a loan, permits an institution to offer a fast-track program and shorten the traditional four-year degree for students who have the energy and desire to pursue such a degree with few, if any, breaks between terms. This bill was taken up at a meeting of the Alaska Commission of Postsecondary Education this morning and was endorsed by the commission. Number 0574 DR. BYRD requested a small change in HB 427, to delete the word "occurs" in line 6 and add the word "begins." The word "occurs" could be misinterpreted, he explained, and the original draft had the word "begins" in it. REPRESENTATIVE BRICE asked for clarification. DR. BYRD explained that "occurs" between those periods of time could be interpreted to mean beginning and ending during that time. So if it begins in that period, a student could begin a second term in that same period of time. The word "begins" is more precise than "occurs." DR. BYRD observed that there is a slight cost benefit for students. Over the years, analysis has shown that the major expense of attending college is the foregone income. The income not earned during the time someone attends college is more than 50 percent of the cost of attending college. If a student is able to finish in less than four years and go to work, the student's cost of education is reduced. Number 0904 REPRESENTATIVE KEMPLEN made a motion to adopt an amendment "to substitute the word 'begins' for 'occurs' on line 6, for purposes of discussion." REPRESENTATIVE KEMPLEN noted that the substitution changes the legislation because now it allows for a school year to go beyond August 31 of the following year. He asked for clarification. CHAIRMAN DYSON said he doesn't believe it sets a maximum on how many weeks the school can go. It only has to be a minimum, and it can start anytime during that period; a student could actually start two terms during that period. Number 1120 REPRESENTATIVE BRICE noted that the original bill said all 30 of the weeks had to fall between September 1 and August 31. The amendment says that a student can lapse over August 31 in the program. He wondered if that would be considered two years or one year. CHAIRMAN DYSON said the real thing here is the money. It allows students to complete it and then start their second academic year within a calendar year, and to have access to the funding for it. DR. BYRD agreed. If a student enrolled on September 1, the beginning of the loan year, then 30 weeks will have transpired seven months and a week and a half later; the student will have completed one academic year of the four years for a four-year degree. The following day, theoretically, that student could start a second academic year, and a little more than seven months later would have completed a second year. If the schedule were written properly, that student would be able to complete a four- year degree in two and a half years. During that year and a half saved, the student would be earning money that otherwise he/she couldn't earn if he/she took four years to complete the degree. REPRESENTATIVE BRICE said "The issue is we want that student to be able to apply for and receive four years of student loans because he is paying for four years of tuition. That's why we want 'begins' instead of 'occurs.'" CHAIRMAN DYSON asked Ms. Barrans whether the department endorses this and doesn't have any problems with it. Number 1258 DIANE BARRANS, Executive Director, Alaska Commission on Postsecondary Education, Department of Education & Early Development, came forward. She confirmed that the commission did review this legislation at its meeting earlier today and acted to endorse it. The commission consulted with other four-year institutions in the state and explained that this bill is relatively invisible to them. In the event that the institutions proposed accelerated degree programs, they would offer their students the same benefit. CHAIRMAN DYSON noted that he has a perceived conflict of interest because he had been a student at Dr. Byrd's institution and has received advice from Dr. Byrd on educational issues. REPRESENTATIVE BRICE asked whether there was still an objection to the amendment. REPRESENTATIVE KEMPLEN withdrew his objection. Number 1323 REPRESENTATIVE KEMPLEN made a motion to move HB 427, as amended, out of committee with individual recommendations and zero fiscal note. There being no objection, CSHB 427(HES) moved from the House Health, Education and Social Services Standing Committee. The committee took an at-ease from 3:52 p.m. to 4:08 p.m. CONFIRMATION HEARINGS Number 1366 CHAIRMAN DYSON announced that the committee would consider two nominees for the Alaska Mental Health Trust Authority Board of Trustees, one nominee for the Professional Teaching Practices Commission, and one nominee for the University of Alaska Board of Regents. Committee members would not vote for the nominees but would pass their names out of committee for full consideration of the House and Senate. (Resumes were provided for all appointees.) Alaska Mental Health Trust Authority Board of Trustees Number 1382 SUSAN LaBELLE, Appointee to the Alaska Mental Health Trust Authority Board of Trustees, testified via teleconference from Anchorage. She was born and raised in the village of Port Graham. She has been working in the social services and mental health field for over 20 years. She came to the field as a direct service provider as a trustee. She brings a different perspective to the Board of Trustees as well as a measure of cultural diversity with her ethnic background. She has lived in Anchorage for over 20 years. MS. LaBELLE said she has a Bachelor's and a Master's degree in social work. She has insights into the special needs of individuals, families and communities, and she knows the issues. Those are the primary reasons she would like to serve on the Board of Trustees. She has been serving a little over two years on the board, which has given her an opportunity to learn much more about the mental health systems in the state and to become familiar with the budget process. This is a reappointment for her; she [was appointed] more than two years ago to fill the remainder of a term, which expired last March. CHAIRMAN DYSON expressed his appreciation to Ms. LaBelle for her willingness to serve. Number 1592 TOM HAWKINS, Appointee to the Alaska Mental Health Trust Authority Board of Trustees, testified via teleconference from Anchorage. He has lived in Alaska since 1972, and most of his work experience has had to with resource management and business management. He has chaired the asset management committee of the Alaska Mental Health Trust Authority for the past four years. This is also a reappointment for him. He is interested in continuing his service as he likes the mission and vision of the Alaska Mental Health Trust Authority. The legislature has done a pretty enlightened job of crafting the management of the trust in perpetuity. It has provided some excellent advisors to the Alaska Mental Health Trust Authority community, the Alaska Mental Health Board and the Governor's Council on Disabilities & Special Education as well as the Governor's Advisory Board on Alcoholism & Drug Abuse and the Alaska Commission on Aging. It is a positive relationship developed over the first four years that has produced positive benefits for the beneficiaries of the trust. CHAIRMAN DYSON expressed his appreciation to Mr. Hawkins for his willingness to serve. University of Alaska Board of Regents Number 1750 JOSHUA HORST, Appointee to the University of Alaska Board of Regents, Student Regent, came forward to testify. He is a student at the University of Alaska Southeast and currently is the student regent on the University of Alaska Board of Regents. He has enjoyed the process of bringing together students from all the campuses and keeping open communication with the Board of Regents and the legislature. REPRESENTATIVE COGHILL expressed his appreciation for Mr. Horst's efforts. REPRESENTATIVE BRICE asked Mr. Horst what his role is on the Board of Regents. He asked whether it is to tell the students what is happening from the board and dictate down or is it to be the active voice of student discontent. MR. HORST answered he didn't have a good answer for that, but so far it appears that the role has a little bit of both. He serves as the spokesman for the coalition of student leaders; he has committed to them that whatever that group of students from around the state wants him to tell the board, he will tell the board. When students are displeased with tuition increases, for example, he will be sitting in front of the board and sharing the students' insight. On the flip side, there are going to be times that the board has things to tell the students, and he will share those as well. CHAIRMAN DYSON encouraged Mr. Horst to maintain his viewpoint and conscience and continue to do a good job on the Board of Regents. Professional Teaching Practices Commission Number 1958 ROBERT CHRISTAL, Appointee to the Professional Teaching Practices Commission (PTPC), testified via teleconference from Anchorage. He is the superintendent of the Anchorage School District since 1992 and has lived in Anchorage since 1970. He has taught and worked for the Anchorage School District that entire time. He applied to the PTPC because of the saying "teachers policing their own," and there have been inappropriate actions by superintendents across the state. He believes there is no higher responsibility of reviewing complaints, and he would enjoy dealing with the issues in a fair manner. He has a child and grandchildren in the school system. Education is the most important component of a healthy community, and he would like to do his part. CHAIRMAN DYSON expressed his appreciation to Mr. Christal for his willingness to serve. [End of confirmation hearings; all confirmations were advanced.] ADJOURNMENT There being no further business before the committee, the House Health, Education and Social Services Standing Committee meeting was adjourned at 4:25 p.m.