Legislature(2015 - 2016)BUTROVICH 205

03/03/2016 03:30 PM Senate EDUCATION

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Heard & Held
-- Public Testimony --
+ Bills Previously Heard/Scheduled: TELECONFERENCED
Heard & Held
Moved CSHB 107(EDC) AM Out of Committee
        SB 191-LIMIT ABORTION SERV. PROVIDERS IN SCHOOLS                                                                    
3:34:09 PM                                                                                                                    
CHAIR DUNLEAVY announced the consideration of SB 191.                                                                           
CHRISTA MCDONALD, Staff, Senator Mike Dunleavy, Alaska State                                                                    
Legislature, introduced SB 191, limiting abortion providers in                                                                  
schools. She explained the sections of the bill:                                                                                
     Section 1  authorize the State Medical  Board to impose                                                                    
     a  sanction  on an  abortion  services  provider or  an                                                                    
     affiliate who has violated AS 14.03.092.                                                                                   
     Section  2 states  that the  State Medical  board shall                                                                    
     suspend or  revoke a licensee's license  to practice if                                                                    
     the licensee has violated AS 14.03.092.                                                                                    
     Section 3  prohibits an  employee or  representative of                                                                    
     an  abortion  services  provider   or  an  employee  or                                                                    
     representative of an affiliate  of an abortion services                                                                    
     provider from presenting  or delivering any instruction                                                                    
     or  program  on  any  topic to  students  at  a  public                                                                    
     school,  distributing  or  displaying  materials  at  a                                                                    
     public   school,  or   providing  materials   that  are                                                                    
     intended  for  display  or  distribution  at  a  public                                                                    
     school.  It  prohibits  teachers  from  authorizing  or                                                                    
     allowing  instruction or  distribution of  materials by                                                                    
     an employee  or representative of an  abortion services                                                                    
     provider  or affiliate.  It  establishes civil  damages                                                                    
     for violations  of the section. It  prohibits a teacher                                                                    
     or  school board  member who  violates AS  14.03.092(b)                                                                    
     from  receiving   any  state   funds.  It   provides  a                                                                    
     definition  for an  abortion services  provider and  an                                                                    
     affiliate of an abortion services provider.                                                                                
     Section   4   authorizes  the   Professional   Teaching                                                                    
     Practices  Commission to  revoke or  suspend a  teacher                                                                    
     certificate if the teacher violates AS 14.03.092.                                                                          
     Section 5 provides that a  teacher, including a teacher                                                                    
     with tenure  rights, may be dismissed  for violating AS                                                                    
      Section 6 provides that a teacher with tenure rights                                                                      
       is subject to non-retention for a violation of AS                                                                        
     Section 7 provides that if any provision of the Act is                                                                     
         held invalid, the remainder of the Act is not                                                                          
     Section 8 provides an immediate effective date.                                                                            
CHAIR DUNLEAVY read the sponsor statement:                                                                                      
     The purpose of Senate Bill 191 is to restrict the                                                                          
     access of abortion services providers and their                                                                            
     affiliates to public schools.                                                                                              
     Public education is constitutionally mandated by the                                                                       
     State of Alaska. Many parents believe the roll of                                                                          
     public schools should be to provide: skills,                                                                               
     knowledge, complex instruction, and a forum for                                                                            
     students to better understand their role in society.                                                                       
     However, few believe schools should create a captive                                                                       
     audience of children for indoctrination by an outside                                                                      
     group. At times, these presentations contain lessons                                                                       
     which are at odds with the values of the children and                                                                      
     their families.                                                                                                            
     Many have become so alarmed at what is occurring                                                                           
     within the public school system that parents are                                                                           
     withdrawing their children from neighborhood schools                                                                       
     in record numbers. These students are placed in                                                                            
     alternative settings (homeschools, charter schools and                                                                     
     private schools) where the values of the family can be                                                                     
     protected from outside special interest groups with an                                                                     
     agenda. We simply cannot and should not ignore this                                                                        
     trend. It is critical that we reexamine the practice                                                                       
     of allowing special interest groups into the                                                                               
     What Senate Bill 191 Does:                                                                                                 
     Prohibits all distribution and display of materials,                                                                       
     presentations, and instruction by an abortion services                                                                     
     provider, affiliate, or representative in public                                                                           
     Establishes penalties, imposed by the State Medical                                                                        
     Board, on abortion services providers, affiliates,                                                                         
     employees, or representatives of an abortion services                                                                      
     provider, teachers, or school board members who                                                                            
     knowingly violate the prohibitions                                                                                         
     What Senate Bill 191 Doesn't Do:                                                                                           
     Does nothing to hinder school teachers from providing                                                                      
     district approved sex education to students in a                                                                           
     Will not prevent abortion service providers or                                                                             
     affiliates from providing information and education                                                                        
     outside of the public school setting                                                                                       
     By prohibiting abortion services providers access to                                                                       
     public schools, our schools can focus on what is                                                                           
     important and leave private, sensitive matters where                                                                       
     they belong: in the hands of parents. I respectfully                                                                       
     request your support for SB 191.                                                                                           
3:38:07 PM                                                                                                                    
SENATOR   GARDNER  asked   if  there   is   any  data   regarding                                                               
indoctrination  by  any  outside  group,  Planned  Parenthood  or                                                               
others, in schools.                                                                                                             
CHAIR DUNLEAVY  said he  did not  have any  data today  but would                                                               
provide some.                                                                                                                   
SENATOR GARDNER referred  to Section 1, issues for  which a State                                                               
Medical Board  "may" provide  a sanction, and  she noted  that in                                                               
Section  2, the  board  "shall" revoke  or  suspend a  licensee's                                                               
license to  practice. She asked  if there are any  other licenses                                                               
that must  be revoked  or suspended.  She further  clarified that                                                               
Section 1 itemizes  13 causes when the State  Medical Board "may"                                                               
impose a  sanction. Section  2 says a  violation of  AS 14.03.092                                                               
requires the  State Medical Board  "shall" suspend or  revoke the                                                               
licensee's  license  to  practice.  She said  her  questions  are                                                               
whether there  are any  other instances  where the  State Medical                                                               
Board  "shall"  revoke  a  license to  practice  and  what  other                                                               
sanctions for any  misbehavior are available to  the Board, other                                                               
than suspension and revocation.                                                                                                 
SENATOR GARDNER  referred to Section  4, page  5, lines 3  and 4,                                                               
where  it says  "the  commissioner or  the Professional  Teaching                                                               
Practices  Commission may  revoke or  suspend a  certificate only                                                               
for  the  following reasons,"  and  it  adds  a violation  of  AS                                                               
14.03.092 to the list. She pointed  out that in Section 5 it says                                                               
"a teacher may  be dismissed at any time." She  said in Section 4                                                               
the  consequences for  teachers are  to suspend  or revoke  their                                                               
certificate  and   she  concluded   that  the   consequences  for                                                               
physicians are harsher than for a  teacher. She asked if that was                                                               
the intention of the bill and, if so, why.                                                                                      
SENATOR  GARDNER turned  to Section  6  where a  teacher who  has                                                               
acquired tenure rights  is subject to non-retention  and asked if                                                               
that is "may" or "shall" be subject to non-retention.                                                                           
3:42:12 PM                                                                                                                    
CHAIR DUNLEAVY requested a copy of those questions in writing.                                                                  
CHAIR DUNLEAVY held SB 191 in committee.                                                                                        

Document Name Date/Time Subjects
SB 191 - Sponsor Statement .pdf SEDC 3/3/2016 3:30:00 PM
SB 191
CS HB 107 - Follow Up Letter from Board of Regents.pdf SEDC 3/3/2016 3:30:00 PM
HB 107
SB 191 - Sectional.pdf SEDC 3/3/2016 3:30:00 PM
SB 191