Legislature(2015 - 2016)BUTROVICH 205

03/15/2016 03:30 PM Senate EDUCATION

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Moved CSSB 191(EDC) Out of Committee
-- Testimony <Invitation Only> --
+ Bills Previously Heard/Scheduled: TELECONFERENCED
Heard & Held
Moved HB 76 Out of Committee
        SB 191-LIMIT ABORTION SERV. PROVIDERS IN SCHOOLS                                                                    
3:32:10 PM                                                                                                                    
CHAIR DUNLEAVY announced the consideration  of SB 191. He invited                                                               
Joshua Decker to testify.                                                                                                       
3:33:23 PM                                                                                                                    
JOSHUA DECKER,  American Civil Liberties Union  (ACLU), presented                                                               
information on  SB 191. He  noted he submitted  written testimony                                                               
on March  3 stating that  SB 191 is unconstitutional  because the                                                               
goal itself  violates the  Alaska and  U.S. Constitutions.  It is                                                               
too  broad and  prohibits  any  person who  works  for,  or is  a                                                               
representative  of,  any  place   that  provides  abortions  from                                                               
talking about any subject in a  public school. It is not a carbon                                                               
copy of  SB 89  that prohibits  abortion services  providers from                                                               
discussing  sexual  education  and information  about  STD's.  He                                                               
provided examples.                                                                                                              
He  addressed the  Draconian aspects  in  the bill.  He used  the                                                               
example of a  cardiologist from a hospital who  teaches CPR would                                                               
be penalized along  with the hospital that would  be fined $5,000                                                               
per student,  and the teacher  would lose  his or her  job. These                                                               
prohibitions  violate  Alaskan's  right to  speak  and  associate                                                               
freely. They  also violate the  Alaskan protection  clause, which                                                               
says  the government  may not  play  favorites based  on a  safe,                                                               
constitutional  medical  procedure.  The  government  may  design                                                               
curricula and determine what is  taught in schools, but it cannot                                                               
control how  a teacher spends their  free time or what  they talk                                                               
about outside  of school. He  stated that  it is illegal  for the                                                               
government  to interfere  with the  freedom to  associate or  how                                                               
people spend their free time  in private. This bill provides many                                                               
profound problems. He  said the state has spent  about $1 million                                                               
of taxpayer money to support unconstitutional bills.                                                                            
3:39:00 PM                                                                                                                    
CHAIR DUNLEAVY  asked whether the  school and the state  have the                                                               
right to limit outside groups from schools.                                                                                     
MR. DECKER said the government  cannot exercise that control in a                                                               
discriminatory  way, such  as  in this  bill.  An individual  who                                                               
works for  a women's center  or hospital that  performs abortions                                                               
cannot be  singled out. The  government has to have  a legitimate                                                               
constitutional interest to act.                                                                                                 
CHAIR DUNLEAVY asked whether the  public school is an open access                                                               
forum for any group to come into if they so choose.                                                                             
MR.  DECKER replied  that  schools are  a  limited access  forum.                                                               
There are  censorship limits  schools are  able to  exercise. The                                                               
bill  applies to  every topic  and  discriminates against  people                                                               
based  on  who they  are,  what  they  say,  and with  whom  they                                                               
associate in their private time.                                                                                                
3:42:04 PM                                                                                                                    
CHAIR DUNLEAVY said  he has an amendment that  might address some                                                               
of the issues.  He used examples of the  Americans for Prosperity                                                               
or a  Koch Brothers subsidiary  wanting to come into  the schools                                                               
to teach  economics or  government. He asked  if the  school must                                                               
allow those groups to come in.                                                                                                  
3:43:04 PM                                                                                                                    
MR.  DECKER restated  the question.  He replied  that the  school                                                               
does  not have  to allow  those  groups in.  However, the  school                                                               
cannot  pass a  law that  forbids  a person  who associates  with                                                               
those  organizations to  teach a  class.  The school  can make  a                                                               
decision on a case-by-case basis based on local concerns.                                                                       
CHAIR DUNLEAVY  asked if the state  can create a law  that limits                                                               
certain groups from going into a school to teach.                                                                               
MR. DECKER said if the state  would pass a law with those limits,                                                               
it would have  to do so in a constitutionally  neutral way and in                                                               
a way that demonstrates a legitimate government interest.                                                                       
CHAIR DUNLEAVY asked if the  school can allow the Catholic Church                                                               
to teach family values in classes.                                                                                              
MR.  DECKER said  the First  Amendment  - freedom  of religion  -                                                               
would  pose hurdles  that  would require  the  church to  discuss                                                               
secular topics.                                                                                                                 
CHAIR DUNLEAVY thanked the presenter.                                                                                           
3:47:59 PM                                                                                                                    
LACY MORAN,  Education Manager, Planned  Parenthood of  the Great                                                               
Northwest  and Hawaiian  Islands, testified  in opposition  to SB
191.  She maintained  that  SB 191  limits  resources to  already                                                               
strapped  schools and  does  not allow  schools  to partner  with                                                               
much-needed  resources.  She related  that  she  is part  of  the                                                               
education  team that  has  provided  information, resources,  and                                                               
materials to  several communities  across Alaska  using medically                                                               
accurate, age appropriate, and  culturally sensitive lessons. She                                                               
said she  works with schools  and districts to ensure  that these                                                               
lessons  are  vetted and  aligned  with  district curriculum  and                                                               
standards. In  addition, the  lessons have  been approved  by the                                                               
Office of Adolescent Health. Parents  have the opportunity to opt                                                               
their  students out  of this  education. She  noted that  Planned                                                               
Parenthood has partnered with schools to offer parent workshops.                                                                
She  said that  Planned Parenthood  currently offers  educational                                                               
services  to   schools  in  a   variety  of  ways.   It  provides                                                               
educational presentations,  peer education programs such  as Teen                                                               
Council, and is  a resource of health information  outside of the                                                               
She concluded  that districts, schools,  and the youth  of Alaska                                                               
will suffer if  SB 191 passes. She pointed out  that Alaska leads                                                               
the rates in  STD's, child sexual abuse, and  higher than average                                                               
rates of teen pregnancy. Research  has proven that comprehensive,                                                               
medically accurate sex  education is a key  component in reducing                                                               
these risks in teens.                                                                                                           
3:50:52 PM                                                                                                                    
SENATOR GARDNER  asked what part  of the curriculum  contains any                                                               
discussion on abortion.                                                                                                         
MS.  MORAN  said the  curriculum  contains  no information  about                                                               
abortion services.                                                                                                              
SENATOR  GARDNER  asked what  happens  if  a student  asks  about                                                               
MS. MORAN said it is  fairly rare that questions or conversations                                                               
about  abortion come  up, but  if they  do, the  teacher explains                                                               
that it is not a part of  the curriculum and refers them to their                                                               
parents or a trusted adult.                                                                                                     
SENATOR   GARDNER  asked   for  clarification   of  the   opt-out                                                               
MS. MORAN  noted that  every district in  Alaska has  a different                                                               
protocol  for   opting  out.  She  described   the  ways  Planned                                                               
Parenthood   provide  information   to   districts  about   their                                                               
curriculum so districts can communicate  with parents. She listed                                                               
a  variety of  ways that  is done,  with a  letter, a  curriculum                                                               
night,  or information  in a  syllabus  at the  beginning of  the                                                               
3:52:54 PM                                                                                                                    
SENATOR GARDNER asked if the  district always sees the curriculum                                                               
before students do.                                                                                                             
MS.  MORAN   said  every  district   is  different   and  Planned                                                               
Parenthood identifies  the district  person or persons  they will                                                               
be  working with  before they  go  into the  classroom. Often  it                                                               
involves the teacher, the principal, and other district staff.                                                                  
SENATOR GARDNER  asked if  it has ever  happened that  a district                                                               
has decided not to have the lessons after seeing them.                                                                          
MS. MORAN said no.                                                                                                              
3:54:14 PM                                                                                                                    
CHAIR  DUNLEAVY asked  how many  schools  Planned Parenthood  has                                                               
presentations in currently.                                                                                                     
MS. MORAN  said their  involvement is  delivered both  by lessons                                                               
and by resources and materials.                                                                                                 
CHAIR DUNLEAVY requested information on both.                                                                                   
MS. MORAN explained that during  the past year they were involved                                                               
in  approximately 25  to 30  schools. Several  more schools  used                                                               
their materials and resources.                                                                                                  
CHAIR DUNLEAVY asked  how the lessons are presented  and for what                                                               
time period.                                                                                                                    
MS. MORAN said every district  is different. Some schools ask for                                                               
one day, some want three days, some want multiple weeks.                                                                        
3:56:15 PM                                                                                                                    
CHAIR DUNLEAVY asked  for the minimum number of  days required to                                                               
effectively have a lesson.                                                                                                      
MS. MORAN said it depends on  the size of the school, the topics,                                                               
and what district curriculum standards are to be addressed.                                                                     
CHAIR DUNLEAVY asked in what grade levels classes take place.                                                                   
MS.  MORAN  said mostly  high  schools  and sometimes  in  middle                                                               
schools, such as  in 8th grade health  where comprehensive sexual                                                               
education is part of the district standard.                                                                                     
CHAIR  DUNLEAVY  asked  if they  provide  lessons  in  elementary                                                               
MS.  MORAN said  they  do  not currently.  They  do offer  parent                                                               
workshops for parents and their elementary-aged students.                                                                       
3:57:58 PM                                                                                                                    
CHAIR DUNLEAVY asked how the  teen outreach program works and its                                                               
MS. MORAN  explained that the  Teen Outreach Program (TOP)  is no                                                               
longer  offered in  Alaska. It  was a  youth development  program                                                               
that was  not a Planned  Parenthood curriculum, but  an evidence-                                                               
based  positive  youth  curriculum.  It used  to  be  offered  in                                                               
Anchorage but the  grant ended. She noted  that youth development                                                               
is an important part of their curriculum.                                                                                       
She said  Teen Council  is a  peer education  program that  is 25                                                               
years  old. It  takes place  outside of  the school  day and  the                                                               
benefit is  that teens get  80 hours  of training per  year. They                                                               
are  able  to  use  that training  in  partnerships  with  health                                                               
educators in the classroom.                                                                                                     
4:00:01 PM                                                                                                                    
SENATOR GIESSEL asked who funded the TOP program.                                                                               
MS. MORAN replied  that the federal funding came  from the Office                                                               
of Adolescent Health.                                                                                                           
CHAIR DUNLEAVY asked which program takes place in Juneau.                                                                       
MS. MORAN said Teen Council is offered in Juneau and Anchorage.                                                                 
SENATOR GARDNER  asked whether Planned Parenthood  offers college                                                               
programs and resources.                                                                                                         
MS.  MORAN  said  they  currently   don't  have  a  college-based                                                               
program, but  are a  resource to  several universities  in Alaska                                                               
and offer guest lectures.                                                                                                       
4:01:29 PM                                                                                                                    
SENATOR GARDNER asked what Generation Action is.                                                                                
MS. MORAN  explained that  Generation Action  is a  student group                                                               
that sponsors  events and  works with  Planned Parenthood  but is                                                               
considered   a  separate   group  outside   of  their   education                                                               
CHAIR DUNLEAVY thanked  Ms. Moran. He asked  Dr. McCauley whether                                                               
SB 191 would impact HB 44, which passed last special session.                                                                   
4:02:18 PM                                                                                                                    
SUSAN  MCCAULEY, Interim  Commissioner,  Department of  Education                                                               
and Early Development (DEED), provided information on SB 191.                                                                   
CHAIR DUNLEAVY  asked if this  bill would  change HB 44  - Erin's                                                               
Law/Bree's Law.                                                                                                                 
DR.  MCCAULEY addressed  the  elements  of HB  44  that might  be                                                               
affected  by other  legislation: the  training programs  required                                                               
for  sexual abuse  and sexual  assault awareness  and prevention,                                                               
and  for dating  violence  and abuse.  She said  in  SB 191,  the                                                               
limitations are  not content specific.  The provisions in  SB 191                                                               
have  application   for  the   individuals  that   would  provide                                                               
instruction  for those  training programs,  however, there  is no                                                               
conflict with HB 44 because  that bill speaks generally about who                                                               
may or may not address topics.                                                                                                  
SENATOR  GARDNER asked  if Dr.  McCauley  is aware  of any  other                                                               
statute  or school  district  policy  about who  may  or may  not                                                               
address students.                                                                                                               
DR. MCCAULEY said she is not aware of any.                                                                                      
4:05:44 PM                                                                                                                    
CHAIR DUNLEAVY  highlighted AS 14.03.090 -  Partisan Sectarian or                                                               
Denominational   Doctrines   Prohibited.  He   read:   "Partisan,                                                               
sectarian or denominational  doctrines may not be  advocated in a                                                               
public school during the hours a  school is in session. A teacher                                                               
or a school  board violating this section may  not receive public                                                               
money." He noted he was  working with Legislative Legal to obtain                                                               
a  definition  of "partisan"  that  discusses  what public  money                                                               
could be used for.                                                                                                              
He said the Southern Poverty  Law Group lists many hatred groups.                                                               
He is trying to find out if a  school can ask the Nation of Islam                                                               
to talk about  race relations or the American Nazi  Party to talk                                                               
about government.  He maintained  that districts  do not  have to                                                               
allow all groups to come into  their schools to present. Some may                                                               
consider them  to be  partisan groups.  This statute  limits what                                                               
can be brought into the classroom in terms of a world view.                                                                     
4:07:47 PM                                                                                                                    
SENATOR  STEVENS stated  that he  served  on a  school board  for                                                               
three  years   and  he  opined   that  school  boards   have  the                                                               
responsibility for  deciding what is  going to be taught  and who                                                               
is going to teach it. He asked Dr. McCauley to comment.                                                                         
DR. MCCAULEY related that the  statutory and primarily regulatory                                                               
language  regarding   curricula  is  that  those   decisions  are                                                               
traditionally  left  up  to  school  districts.  It  is  a  broad                                                               
direction  in regulation  regarding  what differentiates  between                                                               
the  Department   of  Education's  role  and   the  local  school                                                               
district's role.  For the issue of  curricula, current regulatory                                                               
language indicates  that is  it the  responsibility of  the local                                                               
SENATOR STEVENS asked  if the district could  decide whether they                                                               
wanted Planned Parenthood in schools or not.                                                                                    
DR.  MCCAULEY said  under the  current  statutory and  regulatory                                                               
language that is true.                                                                                                          
CHAIR DUNLEAVY  asked whether a  school district could  refuse to                                                               
implement HB 44.                                                                                                                
Dr. MCCAULEY said they could not.                                                                                               
CHAIR  DUNLEAVY  asked  Mr.  Bird to  discuss  the  legal  issues                                                               
related to SB 191.                                                                                                              
4:09:41 PM                                                                                                                    
MARIO BIRD, Attorney,  Ross, Miner, Bird, P.C.  Attorneys at Law,                                                               
and  Board  Member,  Alaska Right  to  Life,  answered  questions                                                               
related to SB 191. He said Alaska  is not the first state to pass                                                               
this legislation as both Louisiana  and Missouri have versions of                                                               
this law,  both which  stated that  abortion providers  could not                                                               
teach   on  health   topics  or   human  sexuality.   Louisiana's                                                               
legislation  also included  the phrase  "acting on  behalf of  an                                                               
organization,  individual,  or  any other  entity  that  performs                                                               
elective  abortions   shall  engage  in  any   of  the  following                                                               
He  stated that  the  current version  of SB  191  lacks two  key                                                               
phrases  included  in  Louisiana's legislation,  the  "acting  on                                                               
behalf  of"  phrase and  one  on  "health topics."  Mr.  Decker's                                                               
testimony pointed  out that  in the current  language of  SB 191,                                                               
someone  who is  a  representative of  Planned Parenthood  cannot                                                               
teach  on any  topic  and the  inclusion  of Louisiana's  phrases                                                               
would  prevent  legal  challenges   because  it  narrows  what  a                                                               
representative of an abortion provider can instruct.                                                                            
CHAIR DUNLEAVY  asked if there were  constitutional challenges to                                                               
Louisiana and Missouri's laws.                                                                                                  
MR. BIRD said he does not  know of any challenges. He referred to                                                               
a memo  on the Education  Committee's website from Mr.  Norton of                                                               
the  Colorado  Freedom  Institute,  which he  agrees  with,  that                                                               
states that there have been no legal challenges in any court.                                                                   
CHAIR DUNLEAVY  asked if a  Supreme Court  is the only  body that                                                               
can make a decision about the constitutionality of any law.                                                                     
MR.  BIRD related  that the  Alaska  Supreme Court  and the  U.S.                                                               
Supreme    Court    have    jurisdiction   to    determine    the                                                               
constitutionality of  laws. He  is aware of  no federal  or state                                                               
ruling that has declared this law unconstitutional.                                                                             
CHAIR  DUNLEAVY wanted  to ensure  Supreme  Courts determine  the                                                               
constitutionality of laws.                                                                                                      
MR. BIRD agreed, as it applies to all laws and to SB 191.                                                                       
4:15:57 PM                                                                                                                    
SENATOR GARDNER brought up the bill  of attainder - a law that is                                                               
targeted against  only one entity  or person. She asked  how many                                                               
abortion providers are in Louisiana and Missouri.                                                                               
MR. BIRD did not know, but assumed there were more than one.                                                                    
SENATOR GARDNER said Alaska's Constitution  is often held up as a                                                               
model.  She asked  why Alaska's  Constitution  is different  from                                                               
Louisiana and Missouri's in issues impacted by SB 191.                                                                          
MR. BIRD  explained that  the bill  of attainder  generally means                                                               
you  can't specify  that  a  person can  be  jailed or  penalized                                                               
without due  process. He  said he  saw the  memo drafted  by Kate                                                               
Glover from Legislative Counsel for  Senator Gardner that cites a                                                               
federal  case in  North Carolina  where there  was an  injunction                                                               
granted  for  bill  of  attainder purposes.  He  said  the  whole                                                               
lawsuit  was  dropped  because  the  North  Carolina  Legislature                                                               
revised their budget  and did not single  out Planned Parenthood.                                                               
He did not see the same situation in Alaska.                                                                                    
He  addressed how  Alaska's Constitution  applies to  SB 191.  He                                                               
said Amendment  1 that narrows the  scope of the bill  would take                                                               
care of  concerns about  free speech  and association  rights for                                                               
teachers.  Regarding the  equal protection  concerns, he  pointed                                                               
out that the public classroom is  not a forum with unlimited free                                                               
speech  rights.  The  proposed  language  that  directs  abortion                                                               
providers,  their  employees  and  representatives,  to  have  no                                                               
access  to  students in  the  classroom  is already  required  of                                                               
religious,  denominational, or  partisan  instructors per  Alaska                                                               
law. He did not see constitutional concerns.                                                                                    
He added that there is  another provision in education statutes -                                                               
AS  14.20.095 -  the right  to comment  and criticize  not to  be                                                               
restricted.  It  allows  teachers   to  engage  in  comments  and                                                               
criticism outside  of school hours  regarding their  employers. A                                                               
teacher has  rights to  associate or speak  on topics  outside of                                                               
school hours.  This was  mentioned in Ms.  Glover's memo  as well                                                               
pursuant to Article I, Section 5, of Alaska's Constitution.                                                                     
4:22:49 PM                                                                                                                    
SENATOR  GARDNER  asked  if  the bill  of  attainder  applies  if                                                               
Planned  Parenthood is  the only  elective  abortion provider  in                                                               
MR. BIRD opined  that it does not because it  does not single out                                                               
a particular person.  He referred to the  Employment Division vs.                                                               
Smith case where the statute  of neutral or general applicability                                                               
was  found  to  be  insufficient due  to  the  Religious  Freedom                                                               
Restoration Act.                                                                                                                
SENATOR GARDNER  concluded that  the courts  will have  to decide                                                               
eventually should SB 191 become law.                                                                                            
She  referred to  a statement  Mr.  Bird made  that no  religious                                                               
groups  would  have access  to  children  in the  classroom.  She                                                               
countered  that is  not what  the  statute says.  It states  that                                                               
partisan,  sectarian, or  denominational "doctrines"  may not  be                                                               
advocated during  school hours, not that  proponents of doctrines                                                               
would have not access to schools.                                                                                               
She referred to  a case that ruled on restrictions  that can't be                                                               
based on content or subject matter of restricted speech.                                                                        
MR. BIRD said that case was mentioned in Mr. Horton's memo.                                                                     
She withdrew the question.                                                                                                      
4:27:18 PM                                                                                                                    
CHAIR DUNLEAVY thanked Mr. Bird.                                                                                                
4:27:28 PM                                                                                                                    
CHAIR  DUNLEAVY said  he  would offer  Amendment  1, labeled  29-                                                               
SENATOR GIESSEL moved to adopt Amendment 1:                                                                                     
     Page 3, line 26, following "representative":                                                                               
     Insert "acting on behalf"                                                                                                  
     Page 3, lines 28-29:                                                                                                       
     Delete "any topic to students at a public school"                                                                          
     Insert "any health topic, including human sexuality or                                                                     
     family planning, to students at a public school during                                                                     
     the hours the school is in session"                                                                                        
     Page 4, line 12, following "representative":                                                                               
       Insert "acting on behalf of the abortion services                                                                        
     provider or affiliate"                                                                                                     
CHAIR DUNLEAVY objected for discussion.                                                                                         
CHRISTA  MCDONALD, Staff,  Senator  Mike  Dunleavy, Alaska  State                                                               
Legislature, presented  information on Amendment  1 of SB  191 on                                                               
behalf of the sponsor. She described the changes made by the                                                                    
     With the clarifications in  this amendment, Senate Bill                                                                    
     191  maintains  that  a captive  audience  of  students                                                                    
     should  not be  subject  to  presentations by  abortion                                                                    
     services providers during school hours.                                                                                    
     1) Page 3, line 26, following "representative":                                                                            
     Insert "acting on behalf"                                                                                                  
     Previously  the language  stated that  any employee  or                                                                    
     representative  of an  abortion  services provider  may                                                                    
     not deliver  material or instruction to  students. This                                                                    
     change  will  clarify  that a  representative  must  be                                                                    
     acting on  behalf of an  abortion services  provider to                                                                    
     violate the law. This should  resolve concerns that the                                                                    
     language  was  too  broad  and  would  reach  beyond  a                                                                    
     teachers professional duties.                                                                                              
4:29:12 PM                                                                                                                    
SENATOR GARDNER asked if the amendment refers to version A of                                                                   
the bill.                                                                                                                       
MS. MCDONALD said yes.                                                                                                          
SENATOR GARDNER asked about an omission of the words "an                                                                        
affiliate." She asked if that was intentional.                                                                                  
MS. MCDONALD thought that was in the third change.                                                                              
SENATOR GARDNER said "an affiliate" is omitted on page 3, line                                                                  
MS. MCDONALD said that was correct.                                                                                             
MS. MCDONALD highlighted the second change:                                                                                     
     2) Page 3, lines 28 - 29:                                                                                                  
     Delete "any topic to students at a public school"                                                                          
     Insert "any health topic,  including human sexuality or                                                                    
     family planning, to students  at a public school during                                                                    
     the hours the school is in session"                                                                                        
     This change will narrow the  prohibition on topics that                                                                    
     an abortion  provider or affiliate may  teach to health                                                                    
     and human  sexuality. With  the proposed  amendment the                                                                    
     language would  be in line  with law in  both Louisiana                                                                    
     and Missouri. Neither of the  laws in these states have                                                                    
     resulted  in  a lawsuit  as  it  is well  settled  that                                                                    
     States have the authority to govern public schools.                                                                        
     In addition,  this amendment will address  the concerns                                                                    
     we  have heard  regarding an  individual's associations                                                                    
     outside  the   school  by  clearly  stating   that  the                                                                    
     language in the  bill relates only to the  hours that a                                                                    
     school is in session.                                                                                                      
4:31:09 PM                                                                                                                    
MS. MCDONALD explained the third change:                                                                                        
     3) Page 4, line 12, following "representative":                                                                            
     Insert  "acting  on  behalf of  the  abortion  services                                                                    
     provider or affiliate"                                                                                                     
     This  portion of  the  amendment  again brings  clarity                                                                    
     that  an individual  must be  acting on  behalf of  the                                                                    
     abortion  services  provider  or  affiliate  to  be  in                                                                    
     violation of the proposed law.                                                                                             
SENATOR GARDNER asked whether, in  the second part of Amendment 1                                                               
regarding the limitation of hours  when school is in session, the                                                               
prohibition  about  distributing  materials applies  only  during                                                               
school hours.                                                                                                                   
MS. MCDONALD said it applies during school hours.                                                                               
CHAIR  DUNLEAVY withdrew  his objection.  There being  no further                                                               
objection, Amendment 1 was adopted.                                                                                             
4:32:59 PM                                                                                                                    
SENATOR  GIESSEL  moved  to report  CSSB  191(EDC),  labeled  29-                                                               
LS1269\A,   as   amended,    from   committee   with   individual                                                               
recommendations and attached zero fiscal notes.                                                                                 
SENATOR GARDNER objected. She said  she needed time to reflect on                                                               
the amendment.                                                                                                                  
CHAIR DUNLEAVY said they were moving the bill.                                                                                  
4:34:08 PM                                                                                                                    
SENATOR STEVENS objected. He said  he also has concerns about the                                                               
bill. He  highlighted the part of  the bill where a  school board                                                               
member may violate the law and  cause the district to not receive                                                               
state funds.  He maintained that  there are a lot  of protections                                                               
in the current  system. If a parent does not  want their child to                                                               
receive  sex  education classes  they  can  opt out.  The  school                                                               
district  can decide  to opt  out of  sex education  as well.  He                                                               
opined  that SB  191 is  state overreach  into school  boards and                                                               
4:35:09 PM                                                                                                                    
SENATOR  GARDNER stated  that she  did not  see what  problem the                                                               
bill solves.  She said, "If you  don't want any talk  of abortion                                                               
in schools,  just say so  and be done  with it." She  pointed out                                                               
that  any school  district  can say  that and  make  it clear  in                                                               
contracts with  providers. She  maintained that  if the  issue is                                                               
abortion, one very effective way  to reduce abortion is to reduce                                                               
unplanned  pregnancies and  provide information.  Parents do  not                                                               
approve of teenagers being sexually  active, but the fact is that                                                               
it happens.                                                                                                                     
She  mentioned testimony  about  students  not being  comfortable                                                               
talking  to parents  and  teachers. She  said,  "The notion  that                                                               
children won't  do the things  we tell them not  to do is  just a                                                               
fallacy." She  concluded that  the goals of  sex education  is to                                                               
prevent   unwanted  pregnancies,   reduce  STI's,   and  identify                                                               
unhealthy relationships.  SB 191  "pulls us backwards  from those                                                               
4:38:00 PM                                                                                                                    
CHAIR DUNLEAVY  stated that the  bill does not prevent  the state                                                               
or school  districts from teaching  sex education. He said  HB 44                                                               
passed last  year over the  objections of some  school districts.                                                               
It is  not unheard of for  a legislature to pass  laws about what                                                               
is taught in schools. The bill  does not prevent any teacher from                                                               
providing sex  education. The  issue is  much broader  and others                                                               
need to be brought into the conversation.                                                                                       
A  roll  call vote  was  taken.  Senators Huggins,  Giessel,  and                                                               
Dunleavy voted  in favor of  the motion and Senators  Stevens and                                                               
Gardner voted against  it. Therefore, the motion passed  by a 3:2                                                               
vote. SB 191 moved on to the next committee.                                                                                    

Document Name Date/Time Subjects
SB 191 - Colorado Freedom Institute Analysis.pdf SEDC 3/15/2016 3:30:00 PM
SB 191
SB 191 - Alaska Right to Life Petition.pdf SEDC 3/15/2016 3:30:00 PM
SB 191
SB 191 - Amendment A.1.pdf SEDC 3/15/2016 3:30:00 PM
SB 191
SB 191 - Clarkson Memo.pdf SEDC 3/15/2016 3:30:00 PM
SB 191
SB 191 - Bird Memo.pdf SEDC 3/15/2016 3:30:00 PM
SB 191
SB 191 - Explanation for Amendment #1.pdf SEDC 3/15/2016 3:30:00 PM
SB 191
SB 191 - Amendment A.1.pdf SEDC 3/15/2016 3:30:00 PM
SB 191